On November 20, 2019, United States District Judge Joseph H Rodriguez issued a 45 page opinion and order certifying the plaintiff class as a collective action under the Fair Labor Standards Act, 29 U.S.C. Sec 216 et seq.
Plaintiffs’ counsel Michael Galpern of Javerbaum Wurgaft in Voorhees, New Jersey and co-counsel Seth Lesser of New York’s Klafter Olsen and Lesser have been litigating this matter for the past 8 years. James Barry of the Locks Law Firm is also co-counsel for plaintiffs. Judge Rodriguez held 4 days of a Daubert hearing on plaintiffs’ motion to strike the opinions of defense expert Robert Crandall, culminating in an opinion on September 19th, 2019 significantly limiting Mr. Crandall’s testimony. Judge Rodriguez’s Daubert ruling was a factor in plaintiffs receiving final certification yesterday.
Plaintiffs’ motion for final certification had been pending for a long period of time, and yesterday Judge Rodriguez issued his ruling certifying the 569 members of the class. Michael Galpern stated that they are extremely encouraged by Judge Rodriguez’s robust and well-drafted opinion. “We look forward to finally seeing justice for the hundreds of assistant store managers who have been the victims of Burlington’s continued and prolonged wage theft.” Mr. Lesser added that he and Mr. Galpern looked forward to taking the matter to trial stating, “we are confident that when a jury sees the millions of dollars that Burlington has saved by ignoring the overtime laws, we will prevail.”
For further information please contact:
Michael A. Galpern, Partner
Javerbaum Wurgaft Hicks Kahn Wikstrom and Sinins, P.C.
1000 Haddonfield-Berlin Road, Suite 203, Voorhees, NJ 08043.
Certified by The New Jersey Supreme Court as A Certified Civil Trial Attorney
Past President, New Jersey Association For Justice
Past President, Workers Injury and Advocacy Group (WILG)