Diesel Managers Win Class Cert. In OT Suit

Law360, New York (October 26, 2011, 5:44 PM EDT) -- A California federal judge on Wednesday certified a class action accusing Diesel USA Inc. of failing to pay overtime and minimum wage to assistant store managers, denying the clothing retailer's motion for summary judgment.

U.S. District Judge Richard Seeborg rejected Diesel's argument that it was entitled to summary judgment because plaintiff Ryan Greko was properly classified as exempt from overtime requirements. The company claimed Greko spent most of his time on management activities, such as directing the work of other employees.

While Greko testified that he...
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