A federal judge in New Jersey has approved the conditional certification of a fair-wage class action brought by assistant store managers who were employed by Burlington department store between February 2019 and 2021, but the plaintiffs have hit a snag in regards to the notice language.

In the case, Payton-Fernandez v. Burlington Stores, the plaintiffs alleged that assistant store managers regularly worked more than 40 hours a week but were not paid overtime due to a companywide policy misclassifying them as exempt from the overtime provisions of the Fair Labor and Standards Act.