Certification of Class Action Overtime Lawsuit

FORT LAUDERDALE, Fla. - May 2, 2013 - PRLog -- The United States District Court for the District of Connecticut recently certified a class action lawsuit against Ocean State Job Lot due to allegations of misclassification of the company’s Assistant Store Managers (“ASM”) in Connecticut as exempt from overtime pay. Ocean State  claims that its Assistant Store Managers qualify for exempt status under the Fair Labor Standards Act (FLSA) because their primary job functions are executive in nature. However, plaintiffs in this class action lawsuit state that Ocean State’s ASMs spend the majority of their time stocking shelves, unloading freight, and performing other non-managerial tasks.

The lawsuit, originally brought about in 2009, claims that Ocean State Job Lot is violating state and federal overtime pay laws by classifying its Assistant Store Managers as exempt employees.

Under the FLSA and Connecticut state labor laws, employers are required to pay one and one-half times an employee’s regular pay rate for hours worked in excess of 40 hours during one workweek. However, there is an exemption from overtime pay under the FLSA for employees who are “employed as bona fide executive, administrative, professional, and outside sales employees.”

Plaintiffs in Massachusetts filed a similar motion to certify a class action lawsuit on behalf of Ocean State Job Lot Assistant Store Managers in Massachusetts; however, the court denied this motion because Massachusetts plaintiffs failed to produce sufficient evidence to meet the requirements necessary for the motion for class certification. Assistant store managers in Massachusetts must now take their own steps to protect their rights and recover unpaid overtime wages. Plaintiffs in Connecticut, however, were allowed to proceed with their class action lawsuit.

Founded in 1977, Ocean State Job Lot is based in North Kingstown, Rhode Island. With over 100 chain stores located in Connecticut, Rhode Island, Massachusetts, Maine, New Hampshire, Vermont, and New York, Ocean State  Job Lot specializes in providing manufacturers’ overstocks and overruns at discounted prices. The closeout company offers everything from clothing and non-perishable food items to outdoor patio furniture and home décor.

Ocean State attempted to decertify the FLSA Collective Action, but the court denied this motion. Therefore, Connecticut plaintiffs have been granted approval to proceed to trial with their class action claim against Ocean State Job Lot.

Kelley/Uustal (http://www.justiceforall.com/) attorney Jordan Lewis (http://www.justiceforall.com/jordan-m-lewis) is co-lead counsel for the plaintiffs in their case against Ocean State Job Lot. He has built a reputation for representing large groups of people fighting to change unfair corporate practices and has successfully represented numerous victims across the country in class action lawsuits. He is also experienced in representing workers who are involved in worker's rights cases and employee discrimination cases.

Kelley/Uustal (http://www.justiceforall.com/) (http://www.justiceforall.com/) is a Fort Lauderdale based law firm that represents injured individuals and their families across the United States. The attorneys at Kelley/Uustal have secured well over a quarter of a billion dollars in jury awards and settlements for their clients. Their national landmark cases showcase their dedication to defending the rights of people injured by dangerous products, greedy corporations, dishonest employment practices, and negligent parties. To learn more about our firm or to discuss a case, call our attorneys at 1-888-522-6601.