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Retail Employment Law Blog

Tag Archives: FLSA

Court denies certification of FLSA action brought by retail store managers alleging nation-wide misclassification

    By Yvonne Norris Maddalena     The United States District Court for the Middle District of Alabama recently held that store managers of a large retail chain cannot pursue a nationwide FLSA overtime collective action claiming they were wrongfully classified as exempt and, thus, improperly denied overtime compensation.  In Creel v. Tuesday Morning,… Continue Reading

California court holds California employers may follow federal regulations permitting rounding of employee time

A California court of appeal has held that California law permits employers to round employees’ time so long as employees are not disadvantaged by the procedure, as employers are permitted to do under federal law. (See’s Candy Shops, Inc. v. Superior Court (Cal. Ct. App. Oct. 29, 2012) D060710.) About 50 years ago, the United… Continue Reading

Court holds conclusory allegations of retailer’s wage and hour violations do not belong in federal court

  A federal court in Pennsylvania has held conclusory allegations that a retailer required a putative class of non-exempt store managers to work off the clock and failed to pay them overtime, in violation of the Fair Labor Standards Act (“FLSA”), are insufficient to state a claim under the relatively new pleading standard the Supreme… Continue Reading