5th Circ. Blocks Allsup's Workers From Joining OT Suit

By Elaine Meyer

Law360, New York (March 16, 2010, 12:34 PM ET) -- A federal appeals court has affirmed a lower court's decision that denied 800 workers' effort to join a Fair Labor Standards Act overtime pay suit against Allsup's Convenience Stores Inc.

The U.S. District Court for the Northern District of Texas properly found that working conditions at separate Allsup's stores were too dissimilar to warrant the joinder of employees across stores, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit concluded in an opinion Monday.

“The district court was within its wide discretion...
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