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Overbrook man sues Walmart, wants class action suit

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in Human Resources,Overtime Labor Laws

A former assistant manager at a Walmart store in Overbrook is suing the retailer, claiming it repeatedly violated the Fair Labor Standards Act by classifying assistant managers as exempt employees—and he wants to raise the stakes by turning the case into a class action lawsuit.

The man claims Walmart assistant managers’ duties make them nonexempt, hourly workers. His lawsuit alleges he frequently worked 50 to 55 hours per week. It seeks overtime pay, penalties and interest.

If the bid for class action status succeeds, Walmart will have an even bigger problem on its hands: The class of plaintiffs could number more than 1,000. According to its website, there are 156 Walmart outlets in Pennsylvania—105 supercenters, 28 discount stores and 23 Sam’s Clubs. The lawsuit claims each retail unit employs eight to 10 assistant managers.

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