Marshalls' Bid To Toss OT Suit Denied

Law360, New York (November 13, 2009, 2:04 PM EST) -- A putative overtime class action against discount retailer Marshalls of MA Inc. and its owner The TJX Cos. Inc. can go forward after a federal judge denied in its entirety the company's motion to dismiss the suit.

In an order handed down Thursday, Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York denied all of Marshalls' challenges to the suit, including some that challenged the validity of the state of New York's overtime pay provisions.

Plaintiffs Nicole Archibald and...
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