JC Penney Botches FLSA Pick-Off Move, Judge Rules

Law360, New York (October 9, 2014, 7:04 PM EDT) -- A New York judge denied J.C. Penney Co. Inc.'s bid to dismiss a proposed wage-and-hour collective action alleging the retailer made its employees work off the clock, ruling the company's bid to pick off the named plaintiffs by paying them their alleged damages fell flat.

U.S. District Judge Raymond Dearie said he was "not entirely confident" that J.C. Penney's offer to the four named plaintiffs — an offer that could have resolved the litigation by eliminating any potential controversy — covered all the remedies that they could be afforded.

Although J.C. Penney's offer appears to have included the maximum amount the...

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