FLSA Suit V. Shoe Mania Gains Traction

Law360, New York (May 14, 2009, 12:00 AM EDT) -- A federal judge has refused to dismiss a proposed overtime collective action against New York shoe retailer Shoe Mania Inc., but has limited the plaintiffs' ability to recruit potential class members for the suit.

Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York on Wednesday rejected Shoe Mania's argument that the suit was moot, and denied the company's bid for summary judgment or dismissal.

Shoe Mania had argued that the suit was moot because it had already offered the...
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