Authored by Mary Ahrens

In Omiatek v. Big Lots Inc., No. 09-CV-0352 (W.D.N.Y., January 20, 2011), a magistrate judge recommended that the district court deny the plaintiff’s motion for conditional certification under the Fair Labor Standards Act and for certification of the New York state claims under Federal Rules of Civil Procedure Rule 23.  In this misclassification/unpaid

Continue Reading Assistant Store Managers’ Job Duties Differ Too Much for Collective/Class Treatment

Authored by Mary Ahrens

In Winans, et al. v. Starbucks Corp., Case No. 08-3734 (S.D.N.Y. Dec. 15, 2010), a group of assistant store managers, brought a potential class action against Starbucks, claiming that they were wrongly left out of participating in tip pools.  In defending the case, Starbucks asked certain employees to provide statements favorable to Starbucks, and Starbucks made

Continue Reading Pre-Certification Communications Permitted