Express Mart FLSA Claims Don't Check Out: Judge

Law360, New York (August 24, 2010, 12:34 PM EDT) -- Convenience store operator Petr-All Petroleum Corp. has won its bid to pull the plug on an employee's putative class action accusing the company of improperly classifying its Express Mart daytime retail outlet managers as exempt from overtime pay.

Judge Andrew T. Baxter for the U.S. District Court for the Northern District of New York on Monday issued a memorandum decision and order granting Petr-All's motion for summary judgment, dismissing the case's Fair Labor Standards Act and New York state labor law claims.

Judge Baxter said that...
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