Bakery Managers Get Conditional Cert. In FLSA Action

Law360, New York (May 6, 2010, 3:44 PM EDT) -- A judge has given a preliminary greenlight for class certification in a lawsuit accusing Arizona restaurant chain Wildflower Bread Co. of misclassifying its assistant managers as overtime exempt.

Judge James Teilborg granted conditional class certification to lead plaintiff Alison Rose in a multipronged order issued Tuesday in the U.S. District Court for the District of Arizona.

However, the judge also granted the defendant’s motion to dismiss state law overtime claims, finding them preempted by the Fair Labor Standards Act.

Rose’s complaint alleges that Wildflower fails to...
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