Marshalls Beats 2nd Class Bid In Store Manager's OT Suit

Law360, New York (January 17, 2012, 2:10 PM EST) -- A New York federal judge said Friday that an ex-Marshalls assistant manager who brought an overtime pay suit against Marshalls parent The TJX Cos. Inc. had again failed to show he was similarly situated to the workers he sought to represent, rejecting his second bid for conditional collective action certification.

Ex-Marshalls assistant store manager Martin Guillen, who filed the case in 2009, saw a previous motion for conditional certification of his case as a nationwide collective action denied, without prejudice, in November 2010. In both motions,...
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