Judge Stands By Refusal To Kill Home Depot OT Suit

Law360, New York (November 5, 2010, 2:40 PM EDT) -- A federal judge won't reconsider her decision not to award Home Depot USA Inc. summary judgment that a merchandising assistant store manager in New York is exempt from eligibility for overtime pay under state law.

Ruling Wednesday in the U.S. District Court for the Eastern District of New York, Judge Roslynn R. Mauskopf wrote that material fact disputes between plaintiff John Clougher and the Atlanta-based home retail giant were sufficient to preclude summary judgment.

Judge Mauskopf ruled March 12 that there were significant disputes over the...
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