Lowe's Wage Suit Opt-Ins Can Stay, On Two Conditions

By Braden Campbell (February 8, 2016, 7:31 PM EST) -- A New York federal magistrate on Monday said several human resources managers who opted in to a proposed wage class action against Lowe's that was denied conditional certification can stay in the case, but only under two conditions that move the burden from the retailer to the employees suing it.

Acknowledging the novelty of dealing with plaintiffs who opt in to a case that then does not even meet the "modest showing" for conditional certification, U.S. Magistrate Judge Jeremiah J. McCarthy said the more than 50 plaintiffs who opted in can join their case to that of lead plaintiff Julie Glover,...

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