Class Eligibility

All current and former store managers of Rite Aid stores or stores that became Rite Aide in New York from October 30 2002 to present. Or in any other state from March 31 2007 to present

Estimated Amount

Varies

Proof of Purchase

N/A

Case Name

Indergit v. Rite Aid Corp. and Rite Aid of New York Inc.
Case No. 1:08-cv-09361
District Court for the Southern District of New York

Case Summary

The Litigation alleged that Rite Aid failed to pay salaried Store Managers for all hours worked over 40 in a work week as required by the federal Fair Labor Standards Act (the “FLSA”) and New York state law.

Settlement Pool

$5,500,000.00

Deadline

11/7/2017

Contact


Indergit v. Rite Aid Claims Administrator
c/o Kurtzman Carson Consultants
P.O. Box 404000
Louisville, KY 40233-4000
Phone: 1-888-663-7192
Fax: 1-888-663-7189
sm2008settlement@kccllc.com

97 responses to “Rite Aid Store Managers Overtime Class Action Settlement”

  1. Rynita says:

    I wasn’t getting the money owed. When I complained about it I was fired. Now I have no job and no money.

    ADMIN – Hi Rynita,

    If you meet the criteria set forth for the class by all means file a claim.

  2. Tim W Smith says:

    They told me they didn’t pay overtime that will not supposed to work overtime but I was working 70 plus hours a week

    ADMIN – Hi Tim,

    It sounds like you are a member of the class.

  3. phyllis hairston says:

    My husband Robert T. Hairston was salaried store managers who worked at a RITE AID BRAND STORE DURING THE RELEVANT PERIOD. He died march 7, 2016 what kind of form do i fill out? because i don’t see one on your web site.

    ADMIN – Hi Phyllis,

    Click on the link that points to the claim form.

  4. Mike says:

    I read something online that says California Managers are not part of this. I have worked at Rite Aid as an Exempt Store manager Since 1985 in California. We have been paid on some cases in the past. Do you think I would be eligible to receive a part of this settlement.
    Mike

    ADMIN – Hi Mike,

    The class eligibility reads as follows: All current and former store managers of Rite Aid stores or stores that became Rite Aide in New York from October 30 2002 to present. Or in any other state from March 31 2007 to present

  5. Christine Mendes says:

    The money that I was expecting I never received and when I asked my manager about it I was told that it was not part of the policy.

    ADMIN – Hi Christine,

    If you are a member of the class per the terms described by class eligibility by all means consider filing a claim.

  6. Theresa paris says:

    I was an assistant and a manager for rite aid. One one occasion I opened one store for the day and was sent to another store to close the same day. They didn’t care how long you worked. I was in the lawsuit but haven’t received any money from it as to date. They changed me from the assistant part of the lawsuit to the managers part but I haven’t received a thing

    ADMIN – Hi Theresa,

    Did you file a claim?

  7. Terry says:

    I discovered your helpful site–nice job; a real help! A friend of mine has worked for Rite Aid for a long time as a manager…but given that the deadline looks like it was in November is it too late for me to forward this to her?
    Thank you in advance!

    ADMIN – Hi Terry,

    Sadly it is too late.

  8. Joe Muraca says:

    Do you have a estimate on the individual payout ??? Are u getting a set amount per week

    ADMIN – Hi Joe,

    I don’t have an estimate. I believe the numbers will be calculated once all the claims have been submitted.

  9. Shamim says:

    Hi, I filed claim form in September 2017. I haven’t received any payment. What should I do now?

    ADMIN – Hi Shamin,

    The deadline was in November. I would give it another two months before contacting the class action administrator.

  10. cee says:

    I looked online, and read that the court would have a final ruling on 1/11/18.

    ADMIN – Hi Cee,

    After the final hearing there is usually an opportunity for appeals. Following appeals you should see payments. It take months if not years.

  11. Kimberly Rosa says:

    I sent my paper in, in October I believe and I’ve heard nothing. Is there something else I have to do?

    ADMIN – Hi Kimberly,

    No. You have done your part. Now you wait.

  12. Kimberly Rosa says:

    How can there be no information on when payments will be sent? Or if your even eligible? Is there somewhere else to go look? I sent my paper in September, and have heard nothing.

    ADMIN – Hi Kimberly,

    When there is updated information the class action administrator posts it on the official class action page. If there is no updated information it means there have been no changes. You may also access the dockets for the court and read all the documents related to the case. Please note that a good number of class action settlements can take years after the deadline to clear all appeals.

  13. Shamim says:

    I found this dockets status: https://www.pacermonitor.com/public/case/4460271/Indergit_v_Rite_Aid_Corporation_et_al
    Not sure what it’s mean by “The above-mentioned amounts shall be paid from the Qualified Settlement Fund. If no individual or party appeals this Order, the “Effective Date” of the settlement shall be the later of: A, B, C… conditions”

    ADMIN – Hi Shamim,

    This means they are allowing a little bit of time for potential appeals before they move forward with payments.

  14. Suzanne Latorre says:

    How long will they have to appeal?

    ADMIN – Hi Suzanne,

    It can take from months to years depending on the workload of judges.

  15. Dan says:

    Did the judge make his decision…

    ADMIN – Hi Dan,

    As I mentioned before he is currently waiting for potential appeals.

  16. Dan says:

    The hearing that was held on January 11th, did the judge render a decision? The administrator didn’t know as of January 23rd. Several of the comments mentioned rights to appeal decision, if both parties have agreed on the settlement amount and the judge approves, what appeals are there?

    ADMIN – Hi Dan,

    After the January 11th hearing there is a window in which the judge allows for appeals to be submitted. That window can last a month or two.

  17. Dan says:

    according to the results from the court date on Jan 11th, it states that the case is closed. Any payments will be distributed 20 days after the decision. Is this true?

    ADMIN – Hi Dan,

    I don’t have any information to confirm this.

  18. John says:

    I saw something where theu finalized the settlement. Know anything about this?

    ADMIN – Hi John,

    I don’t have additional information to share at this point

  19. Stephen says:

    Hi Everyone:
    Should someone receive their payment or any further commnication from the Claims Admin could you post it here?
    Thanks

  20. Mike says:

    Have heard payments could be March or April

  21. Ann says:

    I called the claims administrator. I was told that it was going to be about 3 or 4 weeks, before the settlement checks would be sent out: and to call back then.

    • Karrie says:

      Hi Ann – Where can I find the claims administrator contact information?

      ADMIN – Hi Karrie,

      Scroll up and look next to the subheading titled contact.

  22. Ryu says:

    Anyone have an idea of what kind of payment to expect? I’m getting paid for 17weeks, according to my claim form.

    ADMIN – Hi Ryu,

    Posting your question to see if someone has an answer.

  23. Mike says:

    Heard the same thing even though there is no update on official website. They should do a better job of keeping it up to date

  24. cee says:

    payment will be made around March 5,2018.

  25. Kim says:

    Does anyone know the payment amounts

  26. Glen says:

    Do you know how much we will be getting i have 585 weeks and any idea when the pay out will be

    ADMIN – Hi Glen,

    Unfortunately I don’t

  27. Lynn says:

    Will we receive the payments by March 5? Or is it being sent out on that date?

    ADMIN – Hi Lynn,

    Based on past experience I would not assume this date is written in stone. Don’t make plans with the money until you actually receive it.

  28. Ann says:

    How much is the weekly settlement amount for the rite aid class action overtime?

    ADMIN – Hi Ann,

    It is a pro rata amount calculated as follows:
    Each Class member who submits a valid Claim Form during the Claims Submission Period will receive a
    settlement payment in accordance with the settlement allocation formula below:
    -2-
    A per workweek rate of pay will be determined by dividing the Net Settlement Amount (Maximum Gross Settlement Amount minus Attorney Fees and Expenses and Service Awards) by the total number of exempt workweeks worked during the applicable period (“Workweek Rate”). Each participating settlement class member’s payment shall equal the Workweek Rate multiplied by the number of exempt workweeks worked.
    Each payment will be separated into two equal amounts: fifty percent (50%) will be allocated to the claims asserted in the lawsuit for unpaid overtime and other wage-related damages and will be subject to all authorized or required deductions, including, but not limited to: local, state and federal taxes, garnishments, child support orders and tax levies/liens and reported on an IRS Form W-2; and fifty percent (50%) will be allocated to the claims asserted in the lawsuit for liquidated damages and other relief which will be reported as non-wage income and reported on an IRS Form 1099. This income will all be reported in the year in which the payment is made. You are responsible for reporting and paying appropriate taxes on these payments; you should consult a professional tax preparer if necessary. Class Counsel and the Claims Administrator cannot provide tax advice.

    • Mary Jo Tracey says:

      I think many claimants just wish to know the work week number, in dollars, so that each person knows how much checks would be, but sounds like no one willing to do so. Will come out soon anyway.

      ADMIN – Hi Mary,

      The number will not be available until all claims are validated.

      • Mary Jo Tracey says:

        And when will that be? Sounds like fairly soon if checks to be cut around March 5.
        Would have though claims be validated before now. Thanks for all you have done

        ADMIN – Hi Mary,

        We are not the class action administrators. If you need specifics you will need to contact them directly. Again, based on our prior experience with settlements I would not be seating by the mail box the whole week of March 5th. However, if you don’t get your check by the end of March be quick to contact the admin to make sure it was not lost in the mail.

  29. Mike says:

    using round numbers there were about 1500 claims filed if the average weeks worked were 400 which there is a guess thats 600000 hours. Divided into the balance of settlement after expenses about 3 mil. That would be about $5 per week. If the avg. weeks are higher payout would be lower and if the avg is lower payout would be higher. Not expecting a huge payout. 400 weeks at $5 per week $2000.

    ADMIN – Hi Mike,

    Thank you for sharing, hopefully you are somewhere close to accurate.

    • Kyle Armstrong says:

      That’s kind of disappointing, the assistant managers sued for the same thing and ended up with a little more money. Not much but a little more.

  30. Stephen says:

    Everyone was given how many weeks they are getting paid for from the letter received.Its the workweek rate x how many weeks you worked.
    Each participating settlement class member’s payment shall equal the Workweek Rate multiplied by the number of exempt workweeks worked.

  31. cee says:

    Any new news?

    ADMIN – Hi Cee,

    No updates on the part of the admin. You can try contacting them directly. Their phone is posted above or you can use their main page http://www.kccllc.com

  32. R powers says:

    Talked to the administrator and they said a letter will be sent out soon! Sounds like checks will be available March or April! Sounds like we are getting screwed again! But that’s the way it is! They are never held accountable for their mistakes!

  33. cee says:

    Help,
    I have 421 week of back pay, any ideal what that will equal too.

    ADMIN – Hi Cee,

    No idea whatsoever.

  34. Mark says:

    I called the administrator and they still have no idea what the amount is going to be or when they are mailing out checks

  35. R powers says:

    I talked to our lawyers in the case and they said checks March or April

  36. Mike says:

    I don’t understand why everyone gets a different answer when you call in? Some are told almost done & others told still waiting if there is going to be an appeal and no idea when it will be settled.

    • Mary Jo Tracey says:

      Makes you wonder doesn’t it. Someone knows the answer. Feel like we all being played. 1 day that check may come and we will all find out.

  37. Mike says:

    Lawyers said checks will be cut March 5th called today.

  38. Debbie says:

    I’ve been a manager for 17 years.in new york. Didn’t understand why I had only 342 weeks. Any ideas.

    ADMIN – Hi Debbie,

    Your personnel department as well as the class action administrator are better qualified to answer that question than I am.

    • Chris. says:

      There is a cut off. Should say in the form you received to mail back. Mine was not right. I had to send in my old pay w2 ‘s and proof of my start date.

  39. Duke says:

    Anyone receive their check yet?

    • Mary Jo Tracey says:

      Yes, received my today, March 9. Very, very disappointed.

    • Barb says:

      Received my check on Saturday March 10. Attorneys received about $500 and then taxes
      And the final amount was about 500.00
      What a joke

      ADMIN – Hi Barb,

      It is certainly better than nothing.

  40. Yolanda says:

    I just called and was told no information is available about pay out amounts or when checks will be issued because the case is still under review. ??

  41. Tonya says:

    I just got off of the phone with them and they are cutting checks this very moment.

  42. Walt says:

    I think that you may have been an hourly and a salaried manager. Only salaried weeks count in the suit.

  43. Glen says:

    Why is it that some people are told one thing and others another thing. Does anyone really knows whats going on.

    ADMIN – Hi Glen,

    I don’t, that is why I am refraining from giving my two cents.

  44. Mike says:

    Anyone heard a dollar amount per week?

  45. Duke says:

    $5.50 is the dollar amount per week.

  46. Duke says:

    They emailed me the amount I was receiving also said the checks were mailed out on Monday

  47. Carl says:

    Why is it some people are getting information and yet others haven’t heard a word from the start. How does someone confirm their participation.

    ADMIN – Hi Carl,

    Probably because they have been persistent in reaching out to the class action administrator.

  48. Mike says:

    No checks yet hopefully by the end of the week

  49. Joe says:

    Anyone got a check yet

  50. R powers says:

    Still waiting on a check! For god sake I don’t live in another country!! Cmon Man!!

  51. Joe says:

    What a joke, got 504 dollars after taxes for 472 hours

  52. Mary Jo Tracey says:

    I received my check in the mail today. I thought these were being divided into 2 payments for tax purposes. There is an explanation.
    According to the document I received last November I should have 260 weeks.

    My check after deductions is for $59.90

    Attorneys fees over the years took a big bite.

    I am under whelmed. This closes my Rite Aid chapter. I am disappointed but ….

  53. Terri says:

    Anyone receive their check?

  54. Kenneth W Vorndran says:

    got mine today

  55. Terri says:

    Received my check today.

  56. Alex says:

    Hey guys!

    I just got the check today so you will get yours this week or Monday on. Happy collecting:)

  57. Jeff K says:

    Has anyone received their check yet?

    ADMIN – Hi Jeff,

    I hear several people have received their checks.

  58. R powers says:

    I received a check for 314.00 dollars today! Is there another check coming? I had 671.14 work weeks! Does anybody know about a 2 nd check? Coming?

  59. Paul says:

    So I got a check on the 10th. Am I right in remembering in the terms of the lawsuit, that there would be two separate checks about a year apart ?

    ADMIN – Hi Paul,

    The payment conditions read as follows:
    Each payment will be separated into two equal amounts: fifty percent (50%) will be allocated to the claims asserted in the lawsuit for unpaid overtime and other wage-related damages and will be subject to all authorized or required deductions, including, but not limited to: local, state and federal taxes, garnishments, child support orders and tax levies/liens and reported on an IRS Form W-2; and fifty percent (50%) will be allocated to the claims asserted in the lawsuit for liquidated damages and other relief which will be reported as non-wage income and reported on an IRS Form 1099. This income will all be reported in the year in which the payment is made. You are responsible for reporting and paying appropriate taxes on these payments; you should consult a professional tax preparer if necessary.

  60. Kerri says:

    I received a check on 03/09/18.

  61. Jeff K says:

    Looks like a few people received their checks. Haven’t received mine yet? Has anyone else not received their check yet?

  62. Howard says:

    Received my check in the amount of $36.49. In the settlement papers it stated I worked 41.71 weeks as a manager. If I recall correctly my salary was around $45,000 per year. This works out to be $21.63 per hour based on a 40 hour work week. I worked around 50 hours a week as a manager. Because I performed hourly worker duties a majority of the time, Rite Aid should have paid me 1.5x my hourly rate for the overtime worked. Here is what Rite Aid should have been paid me based on the labor laws in my state: 10 hours X (21.63 x 1.5) or $32.45 = $324.50 per week in additional wages. Multiply that by 41.71 weeks I worked and it comes out to $13,534.90 of which I received a check in the mail for $36.49. I challenge those of you who worked for many years to calculate the math on what you should have been paid. I would love to know the exact amount the law firm collected from this class action lawsuit. In my opinion there is only one winner in all of this and it is not us who put in the overtime and received nothing for it!

    • R powers says:

      Your math is absolutely correct! I had 672 work weeks x 5.50 per work week rate = 3700.00 roughly I received 314.00 that’s about 43cents per work week!! I’m not happy! I called the administrator and of course they had no answers! We got screwed my friend! They screwed me for 28 years and they still won in the end! Very sad!!

  63. Mike says:

    Lawyers were paid 3mill. of the 5.5settlement. Payment was based on #of weeks worked as a salaried mgr. Your number of weeks was on the paper you signed and sent in. Mine was 774 weeks & payment was around $6.50 per week.

  64. Alex says:

    Will there be a second check cut out? I’m hearing they split it in two payment?

    ADMIN – Hi Alex

    Each payment will be separated into two equal amounts: fifty percent (50%) will be allocated to the claims asserted in the lawsuit for unpaid overtime and other wage-related damages and will be subject to all authorized or required deductions, including, but not limited to: local, state and federal taxes, garnishments, child support orders and tax levies/liens and reported on an IRS Form W-2; and fifty percent (50%) will be allocated to the claims asserted in the lawsuit for liquidated damages and other relief which will be reported as non-wage income and reported on an IRS Form 1099.

  65. Jeff K says:

    I think I have given up thinking I am receiving a check. They sent me two acceptance forms in October and I sent both back. As of today, almost two weeks since checks were supposedly sent out, I haven’t received one in the mail.

    ADMIN – Hi Jeff,

    Reach out to the class action administrator.

  66. Lou F says:

    My husband worked nearly 32 years with rite aid. Minimum was 50 hours a week. Many weeks 60hours.
    We are stunned at the amount of the check — very small.
    I don’t understand how they calculated such a small amount.

  67. Mike says:

    How does one get a hold of the Class action Administrator. I have sent emails and have also called. I also sent the acceptance form back and have a tracking number as proof. I have worked for Rite Aid for 27 years as a salaried exempt manger. Please let me know what I need to due to get a response.
    Thanks

    ADMIN – Hi Mike,

    Here is the contact info

    Indergit v. Rite Aid Claims Administrator
    c/o Kurtzman Carson Consultants
    P.O. Box 404000
    Louisville, KY 40233-4000
    Phone: 1-888-663-7192
    Fax: 1-888-663-7189
    sm2008settlement@kccllc.com

  68. R powers says:

    What a joke after all of this ! Shame on the lawyers for demanding so much ! Rite aid wins again ! And the joker that started this law suit!!

    ADMIN – Hi R,

    We totally understand your frustration.

  69. R powers says:

    How does 672.00 hrs equate to 314.00 dollars ??? I’m pretty good in math but this doesn’t make sense!! Please advise!!

    ADMIN – Hi R,

    Have you reached out to the class action admins?

  70. Lou F says:

    Where does it say how many weeks you were awarded?

    • R powers says:

      It don’t say on the paperwork that came with the check! The claim form that I signed and sent in had 671.14 work weeks! I’ve been involved with this lawsuit since 2007! Someone received a lot of money that wasn’t theirs in this deal!!

      • Lou F says:

        I looked at the original paperwork and still don’t see the amount of weeks. I guess I need to call the administrator. Thanks for responding.

  71. Mike says:

    How long does it take to get a response from the admins. I called on Monday the 12 then I emailed several times since then, Called back on Friday the 16th and still have not heard anything, Not even an acknowledgement that they received my question. Can you give me some kind of a time frame for a response. The girl I originally talked to on Monday the 12th, said I would hear back no later than Friday the 16th.
    Thanks

    ADMIN – Hi Mike,

    When they don’t answer within a week I usually suggest to call class counsel.

  72. Mike says:

    Can I get the phone number of class counsel.
    I have not received any response from anyone in two weeks.
    Thanks

    ADMIN – Hi Mike

    http://www.newyorkemploymentlawattorneys.com/attorneys/

  73. ronald l scott says:

    I filled out the claim forms what happened do I get a settlement

    ADMIN – Hi Ronald,

    If you have not received your check consider calling the class action administrator.

  74. Violet bryan says:

    As of today I have not received my check

    ADMIN – Hi Violet,

    Reach out to the class action administrator.

  75. cee says:

    will there be any other checks being payed out next year.

    ADMIN – Hi Cee,

    I don’t think so.

  76. Richard Brown says:

    $96.00 is all I received what happen to the 5.5 million dollars. The employees were raped by the lawyers oh I forgot a free sandwich that I was bought when I went to give my deposition that was not paid to park my car. I am very sorry that K & B drugs sold out to rite aid. I do know that mr Bestoff got over on them dollar wise!!! Good for him Rite Aid is history for me after 34 years! Richsrd

    ADMIN – Hi Richard,

    I am sorry about that. I believe this settlement was split in two portions, one that was directed to you and one that was intended to pay any pending civil debts or child support. You may want to check with the administrator to make sure they did not make a mistake in allocation.

  77. DaisyW says:

    My 19 year old daughter just got fired from Rite Aid. She worked there for a year. She started as a cashier. 4-6 months after she became a manager.
    Working hours were pretty intense for a teenager, but she did it with no complaints. There were days that she would work 14-15 hours straight. (NO BREAKS IN BETWEEN) She handled everything in the store. When there was problems with the Septic tank in the bathroom, They would have her clean it all up that’s including feces and God knows what else came up from there. Needless to say she works really hard. She made one mistake she board an item returned it and somehow got bonus cash for it. She then did this once or Twice and got more bonus cash for those items also. They accused her of stealing money so they fired her. Customers do this All the time unfortunately . Can she Sue them

    ADMIN – Hi Daisy,

    Your question is better suited for a labor and employment attorney.

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