FLSA Doesn't Preempt State Law In OT Suit, Judge Says

Law360 (February 4, 2021, 7:08 PM EST) -- Lowe's Cos. Inc. can't escape state wage law claims in a proposed wage and hour collective and class action from managers alleging the retailer made them perform unpaid work off the clock, after a North Carolina federal court said national labor law does not necessarily negate state laws.

In an order Wednesday, U.S. District Judge Kenneth D. Bell denied much of the home improvement chain's request to dismiss the managers' claims centering on wage laws in 20 states. He rejected the retailer's argument that the Fair Labor Standards Act preempted the state laws and therefore was the exclusive remedy.

"A finding...

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