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A lawsuit by employees of A&P, the Food Emporium and Waldbaum’s alleging that the supermarket chains failed to pay them overtime wages can proceed as a class action, a New York state judge has held.

Manhattan Supreme Court Justice Herman Cahn, in Lamarca v. The Great Atlantic and Pacific Tea Company, 601973/04, certified as a class all those who were employed as full-time hourly workers in New York A&P, Food Emporium or Waldbaum’s stores for “any of the period from June 24, 1998 through the commencement of the action” who were “required or permitted to perform work in excess of 40 hours per week without being paid overtime wages” — roughly 5,000 people.

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