Lamarca v. Great Atlantic & Pacific Tea Co.

Order, Supreme Court, New York County (Herman Cahn, J.), entered July 10, 2007, which, insofar as appealed from as limited by the brief, granted plaintiffs’ motion for class certification, unanimously affirmed, without costs.

The named plaintiffs’ claim that they were not paid for overtime work is typical of the claims of the class, as it arises out of the same course of conduct, i.e., that, as a result of the pressure defendant placed on individual store managers to keep payroll costs down, in conjunction with its express policy forbidding off-the-clock work and mandating payment of overtime,…