Speaking of the overtime threshold exemption, the US District Court for the Eastern District of Missouri weighed in recently when it granted conditional class certification under the FLSA to some overtime exempted employees. The Steak ‘n Shake employees were restaurant managers who the company had exempted from overtime under the executive and administrative exemptions. The employees challenged that classification and the court found enough evidence to support conditional certification, the first step toward granting class action under FLSA. In Judge John Ross’ view, the managers’ duties were “largely the same as the non-exempt employees they supervised” as alleged by the plaintiffs. A separate case, Drake v. Steak ‘n Shake, is also pending in the courts dealing exclusively with the St. Louis Group Market. A cautionary note to double check your management classifications . . .