New Collective Action filed vs. Rite Aid of New York, Inc., et al.

Nick Gioules v. Rite Aid of New York, Inc. and Rite Aid Corporation, Case No.15-1099

On March 3, 2015, Lead Plaintiff Nick Gioules on behalf of himself and those similarly situated filed a class and collective action lawsuit in United States District Court – Eastern District of New York vs. Rite Aid of New York, Inc. and Rite Aid Corporation.  Mr. Gioules worked for Defendants, a popular convenience store and pharmacy as a Staff Pharmacist from January 2007 through January 2009 and as a Supervising Pharmacist from January 2009 through January 2014.  He alleges that he worked between thirty hours and forty-seven hours per week without a scheduled or uninterrupted break.  Additionally, at least once per month, Defendants required Mr. Gioules to travel for work to fill in for unavailable staff members which consistently resulted in an average of approximately five hours of additional work per week.  Besides his standard work schedule and additional duties as just described, Defendants also required all Staff Pharmacists and Supervising Pharmacists to attend meetings at least twice per year for an average of four to six hours as well as attend mandatory immunization trainings.  Defendants failed to pay Mr. Gioules for time spent in meetings or trainings or Defendants paid less than their regular hourly wages.  Additionally, Defendants also altered the paystubs of Pharmacists failing to pay them for all hours that they reported as hours worked.  Defendants failed to pay Mr. Gioules the proper minimum wage for the first forty hours he worked per week, at any rate of pay or the proper overtime compensation at the statutorily-required overtime rate of pay for any hour that he worked per week over forty hours per week as the New York Labor Law, and the Federal Fair Labor Standards Act requires.  In addition, Defendants failed to furnish Mr. Gioules with accurate wage statements on each payday or with proper wage notices at the time or hire or on an annual basis as required by the New York Labor Law.

If any person worked for the companies named in the lawsuit during the time period of March 3, 2009 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our website, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248 – 5550, (516) ABOGADO, and (212) 679 – 5000.