JC Penney Ruling Urges Swiftness For FLSA 'Pick-Off' Bids

Law360, New York (October 23, 2014, 6:13 PM EDT) -- J.C. Penney Co. Inc.'s recent failed attempt to end a potential Fair Labor Standards Act collective action by offering to pay the named plaintiffs' wage claims prompted a New York federal court ruling that attorneys say demonstrates the need to act quickly — for employers looking to complete an FLSA "pick-off" as well as plaintiffs looking to avoid one.

U.S. District Judge Raymond Dearie on Oct. 9 denied J.C. Penney's motion to dismiss a putative FLSA collective action, finding that although the retailer had made an offer to pay the claims of four named plaintiffs, he was "not entirely confident" that...

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