Tag Archives: “store managers”

Court Decertifies Overtime Class of Retail Store Managers

Nothing succeeds like success. Four years ago, in Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008), the Eleventh Circuit upheld a $35+ million jury award against the Family Dollar store discount chain for allegedly misclassifying its store managers as exempt. Predictably, retailers, already a target (no pun intended) of such litigation, … Continue Reading

Court Denies Conditional Certification of Putative Class of Restaurant Managers And Assistant Managers

By Greg Mersol on November 10, 2011 Posted in FLSA, Overtime Claims, Wage and Hour

As we have commented before, there are no class actions per se under the Fair Labor Standards Act. Rather, the plaintiffs must demonstrate that the proposed class members are “similarly situated.” In making that determination, most courts considering certification of classes under the FLSA now use a two-step procedure. At the first stage, they apply … Continue Reading

Court Finds FLSA Precludes State Overtime Class Actions

By Greg Mersol on May 30, 2011 Posted in FLSA, Wage and Hour

Rule 23 classes require class members to opt out if they do not want to participate in the litigation. Fair Labor Standards Act classes require class members to affirmatively opt in. Are the two compatible? No, according to a recent pair of cases from the Middle District of Pennsylvania. In fact, the court held that … Continue Reading

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

By Greg Mersol on May 12, 2011 Posted in FLSA, Overtime Claims, Retail

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.

By Todd Dawson on April 29, 2011 Posted in Class Certification, Overtime Claims, Wage and Hour

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

Court Dismisses Putative FLSA Collective Action Due to Vague Pleading

By Greg Mersol on March 1, 2011 Posted in FLSA, Overtime Claims, Retail

Most of the cases discussed in this blog related to motion practice over certification issues or summary judgment rulings as they bear on class or collective actions. A recent case from the Western District of Pennsylvania highlights the availability of Rule 12(b)(6) dismissal of the class or collective claims based on run-of-the-mill form complaints. In … Continue Reading