E.D.La.: Big Lots’ Assistant Store Managers Not Subject To The Executive Exemption

Johnson v. Big Lots Stores, Inc.

This case presented the issue of whether salaried “Assistant Store Managers” (ASM’s) were exempt pursuant to the FLSA’s executive exemption. In deciding that they were not, because their primary duty was not management, the Court went through a detailed analysis of the test required by the CFR.