Payless Says Fluctuating Workweek Doesn't Break Wage Law

Law360, New York (November 8, 2013, 4:12 PM EST) -- Payless Shoesource Inc. asked a Philadelphia County judge on Monday to dismiss a putative class action accusing it of violating Pennsylvania wage laws with its fluctuating workweek model, saying its methodology for calculating overtime compensation is consistent with state law.

Payless' preliminary objections take issue with a ruling cited in the one-count complaint filed by Payless store manager Barbara Warcholak in the Philadelphia County Court of Common Pleas in September. Warcholak filed her suit on behalf of a class of workers alleging they were significantly underpaid for...
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