In Harriel v. Wal-Mart Stores, Inc., No. 11-2510 (MLC), 2012 U.S. Dist. LEXIS 97527, (D.N.J. July 13, 2012), the District Court of New Jersey denied the plaintiff’s motion for conditional certification as an FLSA collective action because the plaintiff failed to meet his burden of demonstrating that he and other members of the putative class of overnight assistant managers were similarly situated. The existence of a uniform job description for the position, paired with superficial allegations that the plaintiff was required to perform many non-exempt duties, were insufficient to meet the similarly situated requirement, because the plaintiff failed to present any evidence that other assistant managers were likewise required to primarily perform non-exempt duties.
By Mark Diana
