Citing Dukes, Courier Tries To Nix Class In OT Suit

Law360, New York (July 13, 2011, 1:29 PM EDT) -- Courier firm American Eagle Express Inc. on Tuesday asked a Pennsylvania federal judge to reconsider his grant of conditional class certification to delivery drivers seeking overtime pay in light of the U.S. Supreme Court's decision in Dukes v. Wal-Mart Stores Inc.

Current and former AEX delivery drivers who claim the company misclassified them as independent contractors to avoid doling out overtime compensation won conditional class certification for an opt-in class under the Fair Labor Standards Act in May. AEX now alleges that the Supreme Court's June...
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