On July 31, 2010, Farris, Riley & Pitt filed a lawsuit against Dallas-based retailer Tuesday Morning. The lawsuit alleges Tuesday Morning violated the Fair Labor Standards Act (FLSA) with regard to its pay practices for all store managers, who are employed in various Tuesday Morning locations throughout the United States. Tuesday Morning is a retailer of closeout merchandise with hundreds of locations across the country. The lawsuit alleges that the store managers were misclassified as exempt employees, and were paid a salary without overtime, in violation of the FLSA. Plaintiffs seek to represent all store managers that have been subjected to Tuesday Morning’s alleged wrongful pay practices within in the three years prior to the date of filing this lawsuit.
Plaintiff has filed a Motion for Conditional Class Certification and is awaiting a ruling from the Court.
Attorneys Kirby Farris and Brett Turnbull of the law firm Farris, Riley & Pitt, LLP represent the named Plaintiff in the action. The lawsuit is filed in United States District Court, Middle District of Alabama in Montgomery, and is styled Tisha Creel vs. Tuesday Morning, Inc. Civil Action No. 2:09 CV 728 MHT.