Tag Archives: “primary duties test”

Overtime Pay Class Certified Despite Individualized Issues

Authorship credit: S. Jeanine Conley Editor’s Note: Analysis of the Cuevas decision can also be read on Baker Hostetler’s Class Action Lawsuit Defense blog. In Cuevas v. Citizens Financial Group Inc.pdf, Case No. 10-cv-5582 (E.D.N.Y. May 2, 2012), the plaintiff brought an action on behalf of all Assistant Bank Managers (“ABMs”) who had worked at one of … 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

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

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
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