Deane v. Fastenal: Nationwide Overtime Collective Action Certified

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A Northern District judge has conditionally certified claims brought under the Fair Labor Standards Act (FLSA) against an industrial supply company by two salaried retail store general managers.  See Deane v. Fastenal, No. 3:11-cv-00042 (N.D. Cal. Nov. 14, 2011) (order granting conditional certification) (available here).  The named plaintiffs seek to represent a nationwide class of approximately 2,000 former and current general managers who were allegedly misclassified as exempt employees.  Id.  Judge Susan Illston found that the named plaintiffs’ declarations and their documentary evidence established that they were similarly situated to the proposed class members, and found that the company’s contrary declarations did not sufficiently negate this showing.  Id.  Pursuant to the FLSA’s unique procedures, the court ordered Fastenal to provide the general managers’ contact information to a class action administrator, which will send the putative class members an opt-in notice.  Id.