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E.D.La.: Big Lots’ Assistant Store Managers Not Subject To The Executive...

Johnson v. Big Lots Stores, Inc. This case presented the issue of whether salaried “Assistant Store Managers” (ASM’s) were exempt pursuant to the FLSA’s executive exemption. In deciding that they were...

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N.D.Cal.: Dollar Tree Store Manager “SM” Rule 23 Class Certified For...

Cruz v. Dollar Tree Stores, Inc. Pursuant to Federal Rule of Civil Procedure 23, Plaintiffs move for an order certifying the following class: “All persons who were employed by Dollar Tree Stores, Inc....

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11th Cir.: Issue Of Fact Precludes Finding “Manager” Subject To Executive...

Barreto v. Davie Marketplace, LLC This FLSA overtime case was before the Court on Plaintiff’s appeal from an Order awarding Defendant summary judgment based on a finding that Plaintiff, a”manager” of...

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W.D.Tenn.: “Maintenance Director” Not Executive Exempt; Management Not...

Jones v. FMSC Leasehold, LLC Before the Court was Plaintiff’s Motion for Partial Summary Judgment seeking a finding that he was not executive exempt as a matter if law, because management was not his...

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M.D.Ga.: Dollar General “Store Manager” May Have Been Misclassified As...

Myrick v. Dolgencorp, LLC Pending before the Court was Defendant Dolgencorp, LLC’s (Dollar General) Motion for Summary Judgment, seeking an Order holding that Plaintiff, a “Store Manager” was subject...

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W.D.Va.: Dollar General “Store Manager” May Have Been Misclassified As...

Hale v. Dolgencorp, Inc. This case was before the Court on Defendant’s Motion for Summary Judgment.  Defendant asserted the Plaintiff, the “Store Manager” of its Dollar General store was properly...

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M.D.Ala.: Wal-Mart Assistant Store Managers (ASMs) May Be Entitled To...

Davis v. Wal-Mart Stores, Inc. This case was before the Court on Wal-Mart’s motion for summary judgment.  Wal-Mart asserted that the Plaintiffs, two (2) former Assistant Store Managers (“ASMs”) were...

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Recent Exemption Cases of Interest

The last few weeks have brought their share of interesting misclassification/exemption cases. In one case, a law school graduate performing non-lawyer duties was held to be non-exempt. In another, a...

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8th Cir.: Informal Input Regarding Personnel Decisions Does Not Satisfy...

Madden v. Lumber One Home Center, Inc. Following a jury verdict in favor of the defendant-employer below, the trial court granted the plaintiffs’ motion for judgment notwithstanding the verdict,...

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