Conditional Certification Of Assistant Manager Overtime Class Denied…..For Now

By Todd Dawson on April 5, 2012 Posted in Class Certification, FLSA

No “One-And-Done” Rule For FLSA Collective Actions Perhaps it’s a tad unrealistic, but here’s hoping that John Calipari’s one-and-done recruiting strategies start influencing FLSA jurisprudence now that he’s finally won a national championship. From an employer’s perspective, it’s hard to tell whether the recent denial of conditional certification in Jenkins v. The TJX Companies is … Continue Reading

Inadvertent ESI Disclosure Of Attorney-Client Communication Waives Privilege In FLSA Collective Action

By Todd Dawson on March 1, 2012 Posted in FLSA, Overtime Claims, Wage and Hour

“Hey, Where’d You Get That Document?” ESI has become one of the most despised three-letter combinations in corporate America (and the lawyers who dutifully serve it). The costs and risks associated with a company’s duty to preserve ESI are a headache of their own, but the dangers in production turn that headache into a full-fledged … 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