Even when employers successfully prevail on exemption defenses at the trial court level, such victories often do not signal the end of litigation –as evidenced by the recent decision of the United States Court of Appeals for the Tenth Circuit, which reversed a summary judgment decision upholding an employer’s application of the executive exemption. Maestas
store manager
Jackson Lewis Team Defeats Conditional Certification In Store Manager Litigation
By Noel P. Tripp on
Posted in Class Actions
Recently, we discussed the standard applicable to collective action certification of FLSA claims at the so-called “second stage”, which occurs after factual discovery. This is a more stringent standard than that applied to cases at the initial “conditional certification” stage, where courts apply a standard that varies from circuit to circuit, but is typically lenient. However…
New York Federal Court Finds Gas Station and Convenience Store Manager To Be An Exempt Executive
By Noel P. Tripp on
Posted in Exemptions
The subject of many FLSA actions is store managers and whether they are properly classified as exempt employees. In a recent victory for the employer community, Judge Glenn Suddaby of the Northern District of New York held as a matter of law that Express Mart properly classified its store manager in Cato, New York as exempt. …
Store Managers Are Always Exempt – Aren’t They?
By Noel P. Tripp on
Posted in Exemptions
In a case involving retailer Dollar General, another federal judge has refused to hold as a matter of law that a retail store manager is an overtime-exempt “executive” for purposes of the FLSA. Judge James Jones denied summary judgment to Dollar General in Hale v. Dolgencorp, Inc., 2010 U.S. Dist. LEXIS 62584 (W.D. Va.