Tag Archives: “assistant managers”

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

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

“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

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