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VERA v. SAKS & CO.

No. 04 Civ. 7502(RJH).

424 F.Supp.2d 694 (2006)

Angel C. VERA, individually for himself and on behalf of all others similarly situated, Plaintiff, v. SAKS & COMPANY d/b/a Saks Fifth Avenue, and United Storeworkers, Local 1102 and 2567, RWDSU, AFL-CIO, UFCW, Defendants.

United States District Court, S.D. New York.

March 31, 2006.

Attorney(s) appearing for the Case

David M. Kert, Woodside, NY, Vernon Joseph Welsh, Poughkeepsie, NY, for Plaintiff.

Richard Granofsky, Dennis Michael Rothman, Lester, Schwab, Katz and Dwyer LLP, New York, NY, Julie Pearlman Schatz, Law Offices of Richard M. Greenspan, P.C., Elmsford, NY, for Defendants.

MEMORANDUM OPINION AND ORDER

HOLWELL, District Judge.

Plaintiff Angel C. Vera brings this action against his former employer, Saks & Company ("Saks"), and his former union, United Storeworkers, Local 1102 ("Union"). As against Saks, plaintiff seeks damages arising from allegedly unpaid wages during his employment as a ladies' shoe salesman. He alleges that Saks's practice of accounting for refunds of certain returns of merchandise in the calculation...

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