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Employment Law
Overtime Compensation
Misclassification

Sean Guilfoyle v. Dollar Tree Stores Inc., and Does 1 through 100, inclusive

Published: Nov. 29, 2014 | Result Date: Jan. 8, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-00703-GEB-CKD Summary Judgment –  Defense in part

Court

USDC Eastern


Attorneys

Plaintiff

David J. Graulich
(Law Practice of David Graulich)

Jeffrey D. Fulton


Defendant

Oswald Cousins

John Post

Lindbergh Porter Jr.
(Littler Mendelson PC)

Maureen E. McClain

Constance Norton


Facts

Sean Guilfoyle sued Dollar Tree Stores Inc., for alleged labor law violations.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he worked for defendant as a store manager. Plaintiff alleged that, while he worked as a store manager, more than half of his time was spent performing non-exempt work. Plaintiff alleged that he was therefore entitled to overtime pay.

Plaintiff asserted claims for failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to pay wages on termination, and unfair business practices.

DEFENDANT'S CONTENTIONS:
Defendant alleged that plaintiff was properly classified as an employee exempt from overtime pay. Defendant argued that plaintiff's annual salary exceeded the minimum required to qualify for the executive exemption. Defendant claimed that plaintiff's supervisory duties and authority to discipline as well as fire and hire employees qualified him as an exempt employee. Defendant also argued that plaintiff was not entitled to overtime pay. Defendant moved for summary judgment or partial summary judgment, in the alternative.

Result

The court granted in part, and denied in part, Dollar Tree's motion for summary judgment. In the end, the court declined to resolve the factual disputes concerning Guilfoyle's unfair business practices claim.


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