A New York federal judge Thursday stood firm by his class certification ruling on behalf of Duane Reade Inc. assistant store managers who claim they were shorted of overtime pay, denying the pharmacy chain's bid for decertification at discovery's end.
No new evidence has come to light that convinces him a predominant common question does not exist as to whether the assistant store managers were misclassified as "exempt" workers from New York's overtime requirements, U.S. District Judge K. Paul Oetken wrote in his 20-page ruling denying decertification.
The judge had certified...