assistant store managers

green light.bmpAuthored by Kyle Petersen

Last week, in Fisher v. Rite Aid Corp., Case Nos. 11-1684 & 11-11685, the Third Circuit ruled that FLSA opt-in plaintiffs may simultaneously pursue their own parallel state-law Rule 23 opt-out class actions.  In doing so, the court held that Rule 23 opt-out class actions based on state laws that are co-extensive with the FLSA

Continue Reading Here, There, and Everywhere A Lawsuit: The Third Circuit Green Lights Parallel FLSA and State Law Wage Suits

Seyfarth_Logo.jpgCo-authored by Fred Sanderson, Brandon McKelvey, and Ferry Lopez

Judge Breyer of the U.S. District Court for the Northern District of California refused to certify a proposed class of assistant managers at WinCo Food’s discount warehouse grocery stores in California.  In Gales v. WinCo Foods, No. C 09-05813 CRB, 2011 WL 3794887 (N.D. Cal 2011), a former

Continue Reading Seyfarth Defeats Class Certification for WinCo Foods In Assistant Store Manager Misclassification Case

Co-authored by Leon Sequeira and Rob Whitman

Assistant store managers at Home Depot have such great discrepancies in how they perform their jobs that they are not similarly situated for purposes of an FLSA collective action, according to a decision issued on February 15 by Judge Peter G. Sheridan of the U.S. District Court for the District of New Jersey. 

Continue Reading Not all Home Depot Assistant Managers are Created Equal…..or at least Similarly Situated