FLSA Suit Against Allstate Merchant Services Nixed

Law360, New York (April 16, 2010, 3:01 PM EDT) -- A federal judge has tossed a proposed class action accusing Allstate Merchant Services of failing to pay its “closers” minimum wage for all the hours they worked because the lead plaintiff failed to appear at a court-ordered deposition.

Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York on Tuesday dismissed the suit without prejudice, rejecting the plaintiff's counsel's attempt to replace the lead plaintiff in the suit.

Plaintiff Andre Faria, a former closer whose job was to sell businesses...
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