Judge Won't Add Opt-Out Class To Foot Locker Action

Law360, New York (May 2, 2011, 6:54 PM EDT) -- Assistant managers at Foot Locker Inc. failed for the third time on Monday to persuade a New York federal judge to certify an opt-out class of employees who alleged the retailer forced them to work off the clock.

“If an opt-out class were certified on the New York state labor law claims, the proofs on those claims would potentially overshadow and overwhelm the claims that arise under federal law,” U.S. District Judge Alvin K. Hellerstein said, declining to amend an earlier ruling.

Plaintiffs Argenis Cortes, Carmel...
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