Tag Archives: “retail industry”

California Court Denies Certification of Class of Costco Managers

California has been the focus of numerous class action wage and hour suits involving retail managers and assistant managers. One reason is that California law defines the executive exemption slightly, but significantly differently than, federal law. Under both the FLSA and California law, courts will consider whether the employee’s “primary duty” is management. While under … Continue Reading

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

By Greg Mersol on April 21, 2011 Posted in FLSA, Overtime Claims, Primary Duties Test, Retail

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