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23 Jun, 2008 11:54 am
... misclassified employees and failed to pay them overtime. Johnson v. Big Lots Stores, Inc., ___ F.Supp.2d ___ (E.D. La. June
... and held that plaintiffs could proceed with their individual actions. Id., at 1. Big Lots is a nationwide retailer with
approximately 1,400 stores in 46 states. Johnson, ... particular, for plaintiffs' evidence to reflect the theory they advanced at the outset of the lawsuit, i.e., that Big Lots maintained a uniform corporate policy and practice of misclassifying the ASM job ...
16 Sep, 2008 9:59 pm
... a verdict, Judge Sarah S. Vance decertified a nationwide collective action of assistant store managers against their employer, Big
Lots. The assistant store managers claimed they were improperly classified as exempt under the executive exemption. Ultimately, however ... it became obvious that [the Court]
could not draw any reliable inferences about the job duties of Plaintiffs as a class." 561 F.Supp.2d at 587. The citation is Johnson v. Big
Lot Stores, Inc., 561 F.Supp.2d 567 (E.D.La June 20, 2008).
16 Sep, 2008 7:59 pm
... a verdict, Judge Sarah S. Vance decertified a nationwide collective action of assistant store managers against their employer, Big
Lots. The assistant store managers claimed they were improperly classified as exempt under the executive exemption. Ultimately, however ... it became obvious that [the Court]
could not draw any reliable inferences about the job duties of Plaintiffs as a class." 561 F.Supp.2d at 587. The citation is Johnson v. Big
Lot Stores, Inc., 561 F.Supp.2d 567 (E.D.La June 20, 2008).
12 Apr 6:25 pm
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 not, because their primary duty was not management, the Court went through a detailed analysis of the test
required by the CFR. Posted in Exemptions [...]
17 Jan, 2008 7:55 am
... label, either). Because you're a federal agency, you write up a great big submission in the Federal Register explaining what you meant by
your reg and the exceptions you ... 't anything that's new or different and demand that the regulated folks pay them a lot of money for doing what you, the agency, told them to
do. They say that the folks you ... came preemption in the wake of landmark Supreme Court cases in Cipollone v. Liggett Group, Inc., 505 U.S. 504 (1992) (holding that state
common law torts were ...
20 Mar 12:47 pm
... out an agreement with NCL saying they would disclose all of the information we needed. You have to give NCL a lot of credit for agreeing to that level of visibility." Indeed,
that willingness by NCL to be so open about its business model is what makes this a ... on the other side of this economic collapse, we will be that much stronger. We are very
optimistic about our future." "Cruise, Inc.: Big Money on the High Seas" makes the point that cruise lines are currently struggling. But
I don't get the ...
18 Dec, 2008 11:34 am
... if #HOHOTO was on a Friday or Saturday night? @paul_henman: is heading home after#hohoto - lots of fun! @davefleet: Fantastic night at #hohoto last night. Congratulations to
all the organizers ... came with money and food and left with great memories and hopefully a lot of pride over what they helped accomplish. People gave very generously - many ...
here are the people who put #HoHoTo together: Leila Boujnane - CEO, Idée Inc. Alexa Clark - Managing Partner, Plethora Press Ryan Coleman - Chief Community ...
20 Dec, 2007 7:55 am
... tools such as Word and Excel and, for corporate e-mail, from Exchange Server? Well, does Intel qualify as a big company? Qualcomm? How
about Procter & Gamble? Those are some of the companies conducting pilots of GAPE, with plans to ... on smoothing out some of the clunkiness you still get with Google Docs &
Spreadsheets, and will be wrapping in a lot of the functionality it bought with its acquisition of JotSpot. Last year, industry maven Rebecca Wettemann of Nucleus Research told
me that ...
7 Feb 9:30 am
... discussing the need to be more inclusive of minorities and women; I was talking to an attorney and was interrupted by two attorneys from "big law," a person of color and his superior, a white man, who proceeded to introduce themselves to this particular attorney ... was to basically cut you out
and at the very least it was thoughtless behavior. To me, the point is that we must be a lot more thoughtful and purposeful about seeking to include one another. Their actions
suggest they missed the whole ...
25 Mar 6:00 am
... -judge en banc Ninth Circuit panel heard oral argument in Dukes v. Wal-Mart, Inc., nos. 04-16688 & 04-16720. Theodore Boutrous of Gibson Dunn & Crutcher ... less
damages, you couldn't argue that punitive damages predominated just because they are big. Boutrous said he's not arguing that Rule 23(b)(3)
should have ... available to the court? Are you saying we just affirm everything? It seems like there are lots of ways to slice and dice this. Seligman said the court has a
number of ways and he ...
9 Oct 2:01 am
... defendant's assertion of a "laches" defense to a cybersquatting complaint. A laches defense has a lot in common with a statute of limitations defense. When recognized by a
judge, it bars recovery by a plaintiff who has ... ordering the respondent to transfer the domain name to the complainant. See, e.g., GoDaddy.com, Inc. v. Domainsnext.com,
D2009-0073; The Jennifer Lopez Foundation v. Tieman, D2009 ... new form of case law. Fn2 See Southern Grouts & Mortars, Inc., S.D. Fla, No 0:07-cv-61388 (Sept. 19 ...
25 Jun, 2008 3:15 pm
... investment profile and a broader range of attractive retail, dining or service options. Instead of traditional big box anchor tenants, the
"anchor" of a neighborhood center might be a coffee shop, bookstore, specialty market, ... of potentially complicating factors. The tradeoff for building in what can be superb locations
is sometimes dealing with properties that carry a lot of baggage. From aging infrastructure to environmental and political unknowns, infill development sometimes must overcome
its ...
11 Feb, 2008 9:53 am
... much about ourselves, but we have news that begs for an exception.... In 463's three years, we've accomplished a lot. First-class clients, a smart, experienced team and a
penchant for irreverent videos have all been hallmarks. However, we ... than 40 media interviews a day. He also was responsible for proactive media outreach strategies and programs for
eBay Inc., including the ongoing relationships with the business media covering the company. Hani regularly acted as the "communications voice" in ...
5 Jan 6:32 pm
... ophthalmic medical device Healon D. In both cases, the FDA recall was limited to specific lots of affected, and dangerous, medical products. The current Duragesic (fentanyl)
pain patch recall ... PriCara division's ALZA Corp produces the fentanyl pain patch, recalled two lots of potentially dangerous Duragesic last week. These recalled dangerous drug
patches may ... FDA recall are Duragesic 50 mcg/hr patches in lot number 0817239 as are Sandoz Inc. 50 mcg/hr patches in lot number 0816851. Last year's ...
21 Sep 7:48 am
... Bloomberg.com highlighted the systemic problems that arise when financial entities are deemed too big to allow to fail. As the first
anniversary of the failure of Lehman Brothers Holdings, Inc. is being observed, there seems to be no plan to address this aspect ... follows: "The biggest problem is it doesn't
deal with too-big-to-fail. It doesn't say anything. You have to make things a lot smaller." Former Federal Reserve Chairman Paul A.
Volcker argued in a speech delivered on April 8, 2008, that a ...
16 Dec, 2008 7:45 pm
... chief executive officer of General Reinsurance Corp., was sentenced to two years in prison for helping American International Group Inc. deceive shareholders." Here are more
details of what sounds like an interesting sentencing hearing: Ferguson, 66, was ... for 14 to 17 years of imprisonment, and this Bloomberg report certainly suggests that the government
was certainly asking for a lot more time than Judge Droney imposed.) The prominence of the case, the amount of loss, the factors mentioned by ...
3 Feb, 2008 11:55 pm
... Thursday. "And I'm guessing that the Supreme Court granted review, at least in part, because it wanted to put to rest a lot of confusion." Meadow, a partner with Greines,
Martin, Stein & Richland, joined with Charity Kenyon, a partner in Sacramento's Kenyon ... courts, appellate courts and the lawyers who practice before them." In the case taken by
the high court -- Reid v. Google Inc., S158965 - San Jose's 6th District Court of Appeal had reinstated Brian Reid's age discrimination suit against ...
18 Jun, 2008 1:48 pm
... has had its share of changes and turmoil over the last few months. First Alan Hesketh, Pfizer Inc.'s vice president and global head of patents was charged with child
pornography. A month later, Pfizer's ... jolly happy having one of "their own" as the new CEO. But they aren't. I was also told that Pfizer has gone through an exhaustive streamlining
of its legal vendors, to save on costs, and lots of big law firms have been dumped wholesale. In the employment law group Epstein Becker
& Green lost ...
17 Apr, 2007 6:12 pm
... 'm not going to do an in depth analysis of yesterday's Cal Supremes decision in Murphy v. Kenneth Cole Productions, Inc., S140308. There's plenty of other bloggers covering
that territory in depth, including The UCL Practitioner and the often excellent Wage Law , ... is how the defendant Kenneth Cole Productions managed to do just about everything an
employer can do wrong if it wants a great big wage and hour case target on its back: Made sales people into "managers" to try to avoid overtime
laws ( ...
16 Mar, 2008 8:00 pm
... managing partner of Arnold & Porter. If I were a firm that had done a lot of work with Bear Stearns, Id be concerned. So which firms might lose ... and other financial
firms in the consortium's $1 billion investment in Ironshore Inc, a newly formed insurance company. (Skadden was not immediately available for comment.) Cadwalader ... counseling
the bank in the J.P. Morgan deal. But Bear has funneled a lot of work to Cadwalader in the past, and to Block in particular. He advised Bear in connection ...
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