RadioShack Defends Fluctuating Workweek In OT Suit

Law360, New York (October 25, 2013, 4:34 PM EDT) -- RadioShack Corp. on Thursday asked a Pennsylvania federal court to dismiss a former employee's class action accusing the company of underpaying him for overtime, claiming the plaintiff worked a fluctuating workweek allowed under state and federal law.

David Verderame brought the suit in April, alleging Radio Shack had failed to compensate him for all his working hours and that its fluctuating workweek payment structure violated the Pennsylvania Minimum Wage Act of 1968. But RadioShack defended the flexible workweek in its motion to dismiss, saying the schedule...
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