Class Action Lawsuit Filed by Employees Against Longs Drug Stores, Inc.SAN FRANCISCO--(BUSINESS WIRE)--March 11, 1999--On Wednesday Wednesday: see week. , a class action suit was filed on behalf of assistant managers, second assistant managers, senior department managers and department managers against Longs Drugs Longs Drugs (NYSE: LDG) is a pharmacy chain store located in the West Coast of the United States. It was founded in 1938 by brothers Thomas and Joseph Long (son-in-law of Marion Barton Skaggs, co-founder of Safeway Inc.), with their first store in Oakland, California. in U.S. District Court for the Northern District of California California (kăl'ĭfôr`nyə), most populous state in the United States, located in the Far West; bordered by Oregon (N), Nevada and, across the Colorado River, Arizona (E), Mexico (S), and the Pacific Ocean (W). in San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden . Longs operates stores in California, Washington Washington, town, England Washington, town (1991 pop. 48,856), Sunderland metropolitan district, NE England. Washington was designated one of the new towns in 1964 to alleviate overpopulation in the Tyneside-Wearside area. , Oregon Oregon, city, United States Oregon, city (1990 pop. 18,334), Lucas co., NW Ohio, a suburb adjacent to Toledo, on Lake Erie; inc. 1958. It is a port with railroad-owned and -operated docks. The city has industries producing oil, chemicals, and metal products. , Colorado Colorado, state, United States Colorado (kŏlərăd`ə, –răd`ō, –rä`dō), state, W central United States, one of the Rocky Mt. states. , Nevada, and Hawaii. In the suit, Janice v. Longs Drugstores Corporation, current and former employees charge Longs with: -0-
1. Misclassifying as exempt, employees who should have been
paid overtime because:
-- They perform primarily non-management functions;
-- They are docked pay for missing partial days of work.
2. Failure to keep accurate records of all employee work time
3. Unfair competition and unlawful, unfair, or fraudulent
business practices
4. Violations of ERISA, the federal law protecting employee
retirement and benefits plans
This suit comes on the heels of a U.S. Department of Labor
settlement agreement with Longs to pay pharmacists more than
$2 million in backpay for not properly paying overtime and the filing
of a class action suit on behalf of pharmacists with the assistance
of the United Food & Commercial Workers International Union (UFCW). A
tentative settlement has been reached in this suit and awaits court
approval. The details of the settlement, which provides for larger
individual awards than agreed to by the Department of Labor and
Longs, will be made public after court approval.
The lawsuit seeks from a jury trial:
-- Compensatory, liquidated, and punitive damages and penalties
-- Compensation for overtime work that was not calculated or paid
-- Restitution and disgorgement to the plaintiffs the profits
acquired by unfair competition
-- Injunctive relief requiring Longs to pay employees the
applicable overtime rates for all hours and to keep current
records of all work time, and to cease unfair competition
-- To provide attorneys' fees and costs
"Lawsuits such as this are becoming a necessity because too many employers are cheating their employees," stated Sean Harrigan, UFCW UFCW United Food and Commercial Workers Region 8 Director. "There is no legitimate excuse for companies to pretend that their employees are managers when they are not. They should be paid like all their other hourly employees," he added. "Unfortunately, many companies today think they can get away with misclassifying their employees to reduce labor costs. However, when they get caught, it can be very costly." He concluded. |
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