Judge Beverly Reid O' Connell agreed with the Plaintiff's attorneys stating . . . there remains a triable question about whether Plaintiff Molina's daily job tasks involved enough independent judgment to exempt him from overtime pay
Los Angeles, California (PRWEB) August 12, 2013
On August 9, 2013, United States District Court Judge Beverly Reid O'Connell denied Dollar Tree Stores' (“Dollar Tree”) motion for summary judgment and motion to terminate the representative PAGA action in a lawsuit alleging that Dollar Tree failed to pay their Store Managers overtime wages. See Molina, et al. v. Dollar Tree Stores, Inc., currently pending in the United States District Court for the Central District of California, Case No., CV- 12-01428-BRO(FFMx).
The Los Angeles employment law attorneys at Blumenthal Nordrehaug & Bhowmik submitted a brief in opposition to Dollar Tree's motion for summary judgment, arguing that Dollar Tree failed to carry their burden that Plaintiff came within the California overtime exemptions. Specifically, the Plaintiff argued that he spent the vast majority of his time cleaning the store, stocking the shelves,and merchandising freight in accordance with the Store Planner's instructions. Honorable Judge Beverly Reid O' Connell agreed with the Plaintiff's attorneys stating that summary judgment at this stage was inappropriate because there remains a triable question about whether Plaintiff Molina's daily job tasks involved enough independent judgment to exempt him from overtime pay. A copy of the Judges Order can be read here.
The Court also denied Dollar Tree's request to terminate the Private Attorney General Act ("PAGA") cause of action brought by the former Store Manager. Under PAGA, Plaintiffs are deputized to recover civil penalties for California Labor Violations. The Court systematically rejected Dollar Tree's arguments stating that Plaintiff complied with PAGA's procedural requirements, class certification was not required in PAGA actions, and that Dollar Tree failed to demonstrate that the PAGA claim will have no possible bearing on the subject matter of the litigation regarding the California Labor Code violations.
The case will now continue to proceed in the United States District Court for the Central District of California. Trial in the case is slated for November of 2013.
Blumenthal, Nordrehaug & Bhowmik is a Los Angeles employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving overtime pay, wrongful termination, discrimination and other California labor laws. Contact an experienced California employment lawyer today by calling (800) 568-8020.