Nike's Motion Denied in Class Action Filed by the San Francisco Labor Lawyers at Blumenthal, Nordrehaug & Bhowmik On Behalf of Assistant Managers Seeking Overtime Pay

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United States District Court Judge Richard Seeborg ruled that the Assistant Manager overtime action must proceed and denied Nike Retail Services' request to nix the overtime row.

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Judge Richard Seeborg further opined that Nike failed to demonstrate that undisputed facts supported a finding that Plaintiff's workday was primarily composed of exempt job tasks

On May 27, 2015, United States District Court Judge for the Northern District of California, Honorable Judge Richard Seeborg, denied Nike Retail Services, Inc.'s (“Nike”) motion for summary judgment in a proposed class action lawsuit alleging that Nike failed to pay their Assistant Managers overtime wages as a result of classifying their Assistant Managers as salaried employees exempt from overtime pay. A copy of the Court's order denying Nike's motion for summary judgment can be read by clicking here. The lawsuit is currently pending in the United States District Court for the Northern District of California, Case No., CV- 14-04781-RS.

At issue in the case was whether the Plaintiff, who worked as a Assistant Manager in one of Nike's California retail stores, met all the criteria under California's executive exemption for overtime. The law in California is that employees working in the State are presumed to be entitled to overtime pay, and unless they fall within one of the exemptions to overtime pay, they must be paid for any hours worked over eight in a workday or in excess of forty in a work week.

The San Francisco employment law attorneys at Blumenthal Nordrehaug & Bhowmik argued in opposition to Nike's attempt to dismiss the lawsuit that Nike's company policies and procedures allegedly precluded the Assistant Managers from actually managing a customarily recognized department or subdivision of Nike Retail Services, Inc. Specifically, the Plaintiffs argued that Plaintiff, like all other Assistant Managers (or "Assistant Head Coaches" as Nike labeled these employees) allegedly was subordinate to the Head Coach (Store Manager) who was in charge of the entire retail store.

Honorable Judge Richard Seeborg agreed with Plaintiff's attorneys ruling that dismissing the lawsuit at this stage was inappropriate because factual disputes precluded summary judgment on the question of whether Plaintiff's principal duty was the management of a recognized department of Nike's retail store. Judge Richard Seeborg further opined that Nike failed to demonstrate that undisputed facts supported a finding that Plaintiff's workday was primarily composed of exempt job tasks.

The Assistant Manager lawsuit against Nike Retail Services, Inc. will now continue to proceed in the United States District Court for the Northern District of California.

Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco, Sacramento, Los Angeles and Riverside. The firm dedicates its practice to contingency fee employment law work for issues involving overtime pay, missed meal breaks, wrongful termination, discrimination and other California labor laws. Contact an experienced California employment lawyer today by calling (800) 568-8020.

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Nicholas De Blouw
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