In a setback for Rite Aid, a federal judge has refused to recognize the “self-critical analysis” privilege to protect internal corporate documents that include an assessment of the company’s compliance with the Fair Labor Standards Act.

In his 12-page opinion in Craig v. Rite Aid Corp. , U.S. Magistrate Judge Martin C. Carlson said that the privilege has never been “embraced” by the 3rd U.S. Circuit Court of Appeals and that numerous district judges within the 3rd Circuit have refused to apply it.

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