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BIG LOTS: Certification of Classes Sought in “Hubbs” Suit

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In the lawsuit styled VIOLA HUBBS, BRANDON COLEMAN, TAMIKA
WILLIAMS, individually, and on behalf of other members of the
general public similarly situated, the Plaintiffs, v. BIG LOTS
STORES, INC., an Ohio corporation; PNS STORES, INC., an Ohio
corporation; and DOES 1 through 10, inclusive, the Defendants.
Case No. 2:15-cv-01601-JAK-ASx (C.D. Cal.), the Plaintiffs will
move the Court on May 15, 2017, at 8:30 a.m. before the Hon. John
A. Kronstadt for an Order certifying these classes:

Closing Shift Class:

“all non-exempt employees of Big Lots Stores, Inc. and PNS
Stores, Inc. (together “Big Lots”) who worked one or more
closing shift at any Big Lots store in California between
February 7, 2010 and date of class certification and where Big
Lots’ recordkeeping systems reflect a gap between the Closing
Shift Class Members’ end of shift time and the time the
store’s alarm was set”;

Security Inspection Class:

“all non-exempt employees of Big Lots who were subjected to
security checks at Big Lots stores in California at any time
between February 7, 2010 and January 1, 2015”;

UCL Rest Break Premiums Class:

“all non-exempt employees of Big Lots in California who worked
shifts longer than 3.5 hours at any time between February 7,
2010 and the date of class certification.

Overnight Shift Class:

“all non-exempt employees of Big Lots who worked one or more
overnight shifts in California between February 7, 2010 and
the date of class certification”;

UCL Meal Period Premiums Class:

“all non-exempt employees of Big Lots who worked one or more
overnight shifts in California between February 7, 2010 and
date of class certification”;

Regular Rate Class:

“all non-exempt employees of Big Lots who earned quarterly
bonuses and worked overtime in California between February 7,
2010 and the date of class certification”;

The Plaintiffs further move the Court for an Order:

1. appointing Plaintiffs’ counsel, the Law Offices of Mark
Yablonovich, as counsel to the class;

2. appointing one or more of the named Plaintiffs as class
representatives; and

3. authorizing notice to Class Members pursuant to Federal
Rule of Civil Procedure 23(c).

The Plaintiffs allege they were not compensated for all work
performed during closing shifts. At closing, they complied with
Big Lots’ timekeeping policy by punching out at the conclusion of
their duties. However, they were not free to leave because the
closing procedures required closers to remain in the store until
the store’s alarm was set for the night. Indeed, because the doors
were locked when the stores were closed for business, they were
locked in regardless of the policy.

A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=456YIFnG

The Plaintiffs are represented by:

Mark Yablonovich, Esq.
LAW OFFICES OF MARK YABLONOVICH
1875 Century Park East, Suite 700
Los Angeles, CA 90067-2508
Telephone: (310) 286 0246
Facsimile: (310) 407 5391
E-mail: mark@yablonovichlaw.com