Incompatibility Defense In Hybrid Wage Suits Down, Not Out

Law360, New York (April 4, 2012, 2:40 PM EDT) -- The Third Circuit’s ruling last week that federal wage-and-hour suits are not inherently incompatible with state class actions was a blow to employers defending multipronged litigation, but the argument that the two claims can’t coexist may still be applied in some circumstances, attorneys say.

On March 27, the appeals court issued a precedential opinion reversing lower court decisions that had dismissed two state law overtime class actions against Rite Aid Corp. on the grounds that they conflicted with the Fair Labor Standards Act.

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