Tag Archives: “nonexempt work”

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

Fourth Circuit Affirms Summary Judgment Over to Proposed Overtime Class of Store Managers

Three years ago, in Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008), the Eleventh Circuit affirmed a large jury verdict in a collective action against the Family Dollar Store retail chain challenging the exempt status of its store managers.  That victory, however, proved to be no guarantee of success in later … Continue Reading

California Appellate Court Sends Mixed Signals in Affirming Denial of Class Certification.

The Second Appellate District in California recently affirmed a trial court’s refusal to certify a class of store managers in Mora, et al. v. Big Lots Stores, Inc.pdf., Case No. B221949 (April 18, 2011).  Whether this case should be treated as a welcome sign for employers, however, remains an enigma wrapped inside a riddle (served … Continue Reading
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