Bad Math Dooms Sears' Attempt To Dodge OT Class Claims

Law360, New York (July 17, 2012, 12:57 PM EDT) -- Sears Roebuck and Co. failed to dismiss class action claims that the retailer underpays its employees overtime after a California federal judge determined Sears had mischaracterized the allegations thanks to incorrect calculations.

U.S. District Judge George H. Wu denied Sears' motion for dismissal of Sarah Chookey's allegations that the retail chain, owned by Sears Holding Corp., violates California state labor law by failing to pay sufficient overtime, finding Sears had ascribed wrong math to one claim.

Judge Wu said Sears' bid to dismiss hinged on its...
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