Judge Won't Delay Class Cert. Bid In Embarq FLSA Suit

Law360, New York (August 27, 2009, 1:30 PM EDT) -- A federal judge has refused to defer certification proceedings and refused Embarq Corp.'s motion for summary judgment in a putative class action accusing the telecommunications company of age discrimination and unlawfully reducing retirement benefits.

Judge Eric F. Melgren's ruling, issued Tuesday in the U.S. District Court for the District of Kansas, rejected Embarq's reasoning that class certification proceedings should be delayed until dispositive motions are ruled upon, thereby saving the parties time and money.

"The court makes no determination as to whether plaintiffs will be able...
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