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