FLSA Suit Against Kellogg Goes Forward

Law360, New York (April 29, 2009, 12:00 AM EDT) -- Allegations in a Kansas couple's unpaid overtime suit against cereal giant Kellogg Co. are specific enough to stand, but their lawyers will have to explain how claims under federal and state law don't conflict, a federal judge said.

Judge John Lungstrum of the U.S. District Court for the District of Kansas issued the order on Monday, saying the other allegations in the claim are specific enough to pass muster under Twombly, Lungstrum said.

Joseph and Mavis McDonald, two 25-year workers at a Kansas City Kellogg plant,...
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