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OCEAN STATE JOB LOT

 ASSISTANT MANAGER OVERTIME CASE


In this action, our client, Omar Morisson, seek to invite all other Assistant Store Managers at Ocean State Job Lot stores nationwide who have been classified as Exempt from the overtime requirements of the Fair Labor Standards Act.  Mr. Morisson claims that he and other Assistant Store Managers should not have been classified as Exempt from the overtime requirements of the FLSA and that he and all other Assistant Store Managers should have been paid overtime compensation. A copy of his original Complaint can be found below. 

Federal judges have recently awarded unpaid overtime wages to classes of retail managers and assistant managers who spend most of their time performing non-management tasks.  An article about the important Family Dollar Store case can be found
here.

If you have been an Assistant Store Manager within the past three years, you may be able to join.  Print out the Consent form below and send it to the Hayber Law Firm. 

NOTE:  IT IS ILLEGAL TO RETALIATE AGAINST AN EMPLOYEE FOR PARTICIPATING IN A LAWSUIT LIKE THIS.  WE WILL ACT QUICKLY TO ASSIST ANY PERSON WHO BELIEVES THEY HAVE BEEN THE VICTIM OF RETALIATION.


Document
4th Amended Complaint
Document
Consent Form to Join Lawsuit


DEVELOPMENTS:

COURT GRANTS MOTION FOR CONDITIONAL CERTIFICATION

Judge Alvin Thompson has granted Plaintiff's Motion for Conditional Certification of this case. 
This ruling means that a notice will soon be issued to all current and former Assistant Managers (in the last 3 years) which explains the case and invites them to join.  This ruling can be viewed
here.


Ocean State Files Motion claiming they don’t do business in Connecticut: 

Ocean State Job Lot has filed a motion to dismiss the case against them on the basis that they don’t do business in Connecticut.  They claim that the Rhode Island parent corporations can’t be sued in Connecticut because they don’t do business here.  We disagree and believe that the local stores are run out of the Rhode Island corporate office.  We intend to defeat this motion and win a motion obtaining permission for other Assistant Store Managers to join.  A copy of their motion is here.


  On November 25, 2009 Plaintiff filed his Motion for Conditional Certification.    

  
  On December 7, 2009 The Court denied as moot the Defendant's Motion to Dismiss the Action, and its  
 
Emergency Motion for Stay.



Case Update (October 2011): 

We have filed a motion to certify a class of Connecticut and Massachusetts Assistant Managers.  That motion is now fully briefed and we expect to have a hearing with the judge soon. If we are successful, another notice will go out to Connecticut and Massachusetts assistant managers giving them a chance to participate.

The Hayber Law Firm, LLC,   Employee Rights Advocates,   221 Main Street,   Suite 502  Hartford, CT  06106  
tel: (860) 522-8888      fax: (860) 218-9555