Aeropostale Workers Win Conditional Cert. In OT Suit

Law360, New York (April 25, 2013, 3:42 PM EDT) -- A California federal judge on Wednesday conditionally certified a collective action alleging clothing retailer Aeropostale Inc. failed to pay overtime to thousands of store employees in a timely manner, finding the plaintiff had presented sufficient evidence of a uniform, nationwide policy that violated the Fair Labor Standards Act.

Plaintiff Portia Daniels, a former store manager who filed the proposed collective action in November, originally alleged Aeropostale had undercalculated overtime by failing to include earned bonus amounts in nonexempt store employees’ regular rate of pay for overtime...
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