N.D. Al. Decertifies Fair Labor Standards Collective Action

BNA reported last week in its Class Action Litigation Report on Brown v. Dolgencorp Inc., N.D. Ala., No. 7:02-cv-673, order 8/7/06:

[A] federal judge in Alabama Aug. 7 decertified a Fair Labor Standards Act collective action brought by approximately 2,470 store managers working for Dollar General stores in 38 states.

Judge U.W. Clemon of the U.S. District Court for the Northern District of Alabama granted Dollar General's motion to decertify the collective action, finding that the named plaintiffs "cannot establish that they and the opt-in Plaintiffs are similarly situated with respect to damages."

In January 2004, Clemon certified an opt-in class consisting of those who worked as store managers anytime after March 14, 1999, who regularly worked more than 50 hours a week and who either customarily supervised fewer than two employees at a time or lacked the authority to hire or fire employees or sometimes performed nonmanagerial duties at a store other than the one they were assigned to manage.

BNA subscribers can access the report by clicking here.