Assistant Manager Seeks Cert. In Big Lots OT Case

Law360, New York (March 2, 2010, 5:21 PM EST) -- An assistant manager for discount retailer Big Lots Inc. on Tuesday sought to certify a class of current and former New York employees he claims have been misclassified as exempt from state and federal overtime laws.

Plaintiff Daniel Omiatek filed a motion in the U.S. District Court for the Western District of New York to certify “hundreds” of assistant store managers who worked for Big Lots in the three years leading up to certification.

The motion seeks conditional certification for an opt-in collective action for New...
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