The U.S. District Court of Arizona recently granted Plaintiff’s Motion for Conditional Class Certification in a lawsuit involving Store Managers at AutoZone, Inc. (NYSE: AZO) (Taylor, Khan, Glover-Hale, and Montoya et al. v. AutoZoners LLC and AutoZone, Inc. Case No. 10-cv-01828/ 10-cv-01825). This suit seeks to recover unpaid overtime compensation and other benefits of employment to which the Store Managers are entitled under the Fair Labor Standards Act (FLSA). The Store Managers are improperly classified as “executives” exempt from the FLSA’s overtime requirements. In granting conditional class certification, the district court found that Plaintiffs put forward sufficient evidence that all store managers must “perform similar duties pursuant to identical job descriptions, and that there exists a high degree of uniformity of operations across stores.”
Keller Rohrback’s investigation of AutoZone Store Managers’ job duties reveals that the position involves minimal managerial tasks and thus should not be classified as “executive.” Most of the tasks are the same as those of non-exempt employees, such as operating the cash register, stocking merchandise in accordance with AutoZone’s detailed plans, and serving customers. On average, the Store Managers spend less than 10% of their time on managerial duties. Store Managers are closely supervised by AutoZone District Managers, with frequent phone calls and other communications that provide detailed instructions on what to accomplish in the store and how. Tellingly, AutoZone store managers in California are considered non-exempt employees and paid on an hourly basis, and receive overtime like other AutoZone store employees.
Nearly 1,500 current and former AutoZone Store Managers have filed Consent to Sue forms, and are now plaintiffs in this collective action.
Important Update
If you are a member of this action, you should have received a questionnaire that was to be filled out and sent back to us regarding your experience at AutoZone. If you have not yet filled out your questionnaire, please do so immediately and mail it to us at the address noted below. You can access the questionnaire here: www.autozonestoremanagerlawsuit.net/index
The discovery phase of the litigation process is now over. Trial is scheduled to begin March 20, 2012.
Most Recent Update
On Friday, January 27, 2012, U.S. District Court Judge Frederick Martone granted AutoZone’s Motion for Summary Judgment (MSJ). Summary judgment is meant for cases where there is no dispute over the facts, so the judge may look at the law and determine which side wins and which side loses without the need for a jury. In this case, the Judge decided that AutoZone is allowed by the law to classify Store Managers as “executives” and thus not pay them overtime.
We respectfully disagree with the Judge’s decision and will be appealing Judge Martone’s decision to the Ninth Circuit Court of Appeals in San Francisco.
For now, the litigation in the trial court is “on hold” until the appeal is decided. The trial originally set for March 20, 2012 has been cancelled. As your legal team, we will continue to fight on your behalf for what we believe is the proper classification. Please remember: it is against the law for AutoZone to take any retaliatory action against you for joining the class. If you think you are being subjected to retaliation, please contact us immediately.
If you have any documentation or information that could prove helpful to the case, or wish to speak to Plaintiffs’ counsel concerning your personal experience at AutoZone, please call or email the following:
Toll-free phone: (800) 315-0177
By e-mail: autozonestoremanagers@kellerrohrback.com
Or write to:
AutoZoners, LLC and AutoZone, Inc. Overtime Litigation
c/o Keller Rohrback L.L.P.
P.O. Box 91312
Seattle, WA 98111-9412
Keller Rohrback looks forward to vindicating the statutory rights of current and former AutoZone Store Managers who choose to join this lawsuit. If you are a current or former Store Manager at AutoZone and have questions regarding this litigation, you may contact paralegals Elise Bigley or Sara Duncan, or attorneys David Copley, Mark Samson or Lynn Sarko toll free at (800) 315-0177.
AZO_OrdGrantingDefsMSJ012712.pdf 
