Archives: Primary Duties Test

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Another Court Denies Certification of a Class of Retail Loss Prevention Associates

We just wrote about a recent case in which a court refused to certify a class of Wal-Mart loss prevention employees. See Bramble v. Wal-Mart Stores Inc., Case No. 09-04932 (E.D. Pa. Apr. 11, 2011). In the Bramble case, the court found that the duties of the employees were simply too diverse to justify even conditional … Continue Reading

Court Denies Conditional Certification of Assistant Manager Overtime Claims

By Greg Mersol on February 18, 2011 Posted in FLSA, Overtime Claims, Primary Duties Test, Retail, Wage and Hour

A recent case for the Western District of New York demonstrates that little is certain in class action litigation. In Omiatek v. Big Lots, Inc.pdf., Case No. 09-CV-0352S(Sr) (W.D. N.Y. Jan. 20, 2011), the court bucked two trends and (1) denied conditional certification (2) of a proposed class that consisted of assistant managers. A little … Continue Reading

In Overtime Collective Actions, Primary Duties Are . . . Primary Duties

By Greg Mersol on October 20, 2010 Posted in Primary Duties Test

Many overtime cases challenge the exempt status of the members of the putative class and, more specifically, contest whether their “primary” duties are exempt and therefore meet the requirements of the exemptions relied upon by the employer.. This inquiry is made somewhat more difficult because of the differences in federal law and the laws of … Continue Reading