4th Circ. Nixes Lead Plaintiff In Family Dollar OT Action

Law360, New York (March 23, 2011, 2:32 PM EDT) -- The Fourth Circuit affirmed Tuesday that the lead plaintiff in a putative overtime class action against Family Dollar Stores Inc. was not eligible to lead the suit because she was not a nonexempt employee.

The U.S. Court of Appeals for the Fourth Circuit ruled that the U.S. District Court for the Western District of North Carolina properly dismissed named plaintiff Irene Grace’s complaint because she met the standard of an executive employee exempt from federal overtime pay requirements and, therefore, could not represent others she claimed...
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