The latest from Valli Kane & Vagnini:
Plaintiffs in Roberts et al. v. The TJX Companies et al., 1:13-CV-13142 (D. Mass.), on behalf of themselves and other Merchandise Assistant Store Managers have filed a class and collective action against TJX entities d/b/a HomeGoods and Marshalls in the United States District Court for Massachusetts alleging Merchandise Assistant Managers were misclassified as exempt and were denied overtime compensation for hours worked in excess of forty hours in a work week in the performance of this work. Plaintiffs have brought their claims under federal law for violations of the Fair Labor Standards Act and under state law for violations of New York Labor Laws and seek unpaid overtime wages, liquidated damages, and attorneys’ fees and costs. On March 31, 2017, the court granted conditional certification of the FLSA claims on behalf of all Merchandise Assistant Managers who worked at Home Goods and Marshalls at any time from November 1, 2012 to March 31, 2017.
New York, NY (September 26, 2013)- In a decision by U.S. District Court Judge J. Paul Oetken, over 1,500 Rite Aid Store Managers nationwide were given the green light to proceed to trial on their claims that they were misclassified as exempt employees and therefore denied overtime pay.
Rite Aid Corporation is one of the nation’s leading drugstore chains. With nearly 4,600 stores in 31 states and the District of Columbia, Rite Aid remains the largest on the East Coast and the third-largest in the United States.
“This is a monumental decision for all employees who are dedicating extensive time to their jobs without being paid for all the time they put in” said Robert J. Valli, Jr. of Valli Kane & Vagnini LLP, Garden City, New York, one of the two firms representing plaintiffs in this case, along with DiNovo Price Ellwanger & Hardy of Austin, Texas.
Judge Oetken denied Rite Aid’s motion to decertify a Nationwide FLSA class of Rite Aid Store Managers, and granted for purposes of liability, Class Certification under Rule 23 for New York Rite Aid Store Managers. “We do what we do to help employees understand their rights, and when the system permits plaintiffs to collectively have their day in court it reinforces the movement on a truly collective level. The decision could not have come at a better time with holiday season around the corner. Managers working extensive hours simply deserve to be compensated with proper pay” said James Vagnini of Valli Kane & Vagnini LLP.
Click the link below to view the ruling.
Decert & Rule 23 Decision 9-26-13