Texas Law Firm Can't Shake OT, Retaliation Action

Law360, New York (October 4, 2011, 6:15 PM EDT) -- Dallas law firm SettlePou PC lost a bid Monday to dismiss a collective action brought on behalf of nonattorney employees claiming they were misclassified as exempt from overtime pay and that at least one was terminated in retaliation for a complaint about unpaid overtime.

U.S. District Judge Ed Kinkeade referred the case to Magistrate Judge Paul D. Stickney for mediation after also denying the plaintiffs' motion for partial summary judgment regarding SettlePou's liability to make them whole, saying too many questions of fact remained.

The July...
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