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Class action lawsuit filed against Price Chopper

SCHENECTADY -- Supermarket chain Price Chopper is facing a federal class action lawsuit.

The suit, filed on Wednesday, claims that Price Chopper was trying to cut labor costs by telling department managers that they do not qualify for overtime, even though they were allegedly required to work more than 40 hours a week and performed the same tasks as employees who accrue overtime.

The lawsuit names one plaintiff, Shelly Davine. She worked as a department team leader and a department manager in three price chopper stores in North Adams, Lenox and Lee, Massachusetts from 1983 through June 2014.

"What we allege is that in order to keep labor costs low, Price Chopper used team leaders and other to work lots of hours getting the work done in their departments, but without paying them the overtime they deserved," explained Rachel Bien, who represents Devine and is heading up the class-action lawsuit.

A spokesperson for Price Chopper has released a statement about the suit:

"At this time, we haven't been served with the complaint, so we have not had the opportunity to review the allegations.  With regard to compliance with wage and hour laws, we are very familiar with their requirements and the analysis that must be done to make sure that employees are paid accordingly.  We take our obligations to our employees seriously and take the necessary steps to ensure that we comply with the law."
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