Big Lots Managers Fail In OT Class Cert. Appeal

Law360, New York (April 19, 2011, 1:49 PM EDT) -- A California appeals court on Monday affirmed the denial of class certification to hundreds of Big Lots Stores Inc. store managers who claimed the retailer denied them overtime compensation and proper benefits.

“We are not authorized to substitute our judgment for that of the trial court,” the appeals court said, noting the trial judge properly determined the plaintiffs brought insufficient evidence to demonstrate Big Lots had a uniform policy requiring store managers to perform mostly nonmanagerial duties.

Big Lots, which operates 178 closeout retail stores in...
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