Outten & Golden LLP and the Hayber Law Firm LLC represent a group of current and former assistant store managers with Save A Lot grocery stores in a class action lawsuit in Connecticut state court for Connecticut Assistant Store Managers.
The complaint alleges that Save A Lot did not comply with the time and a half overtime requirements of Connecticut state law for two reasons. First, the fluctuating workweek methodology that exists in federal law simply isn’t lawful in Connecticut retail businesses. Second, even if the fluctuating workweek methodology were legal, Save A Lot didn’t comply with it.
In the fall of 2011, both sides filed motions for summary judgment focused on the narrow legal question of whether the fluctuating workweek methodology is authorized under Connecticut law.
On March 16, 2012, the state court ruled that Connecticut law does not categorically prohibit the use of the fluctuating workweek methodology, but it did not rule on whether or not Save A Lot complied with that methodology. We are currently seeking to appeal the trial court’s ruling to the Connecticut Appellate Court. The case is Roach v. Moran Foods, Docket No.: X04-HHD-CV-11-6023386-S, in Connecticut Superior Court, Hartford Judicial District.
Please email Justin M. Swartz or call 212-207-0043 for more information.
(*Prior results do not guarantee a similar outcome.)