Waupaca Denied Appeal In FLSA Class Action

Law360, New York (March 23, 2009, 12:00 AM EDT) -- A donning-and-doffing class action is advancing against ThyssenKrupp Waupaca Inc. as a federal judge on Friday refused to let the foundry appeal the court’s ruling that the workers’ state law claims were not preempted by the Fair Labor Standards Act.

Judge William C. Griesbach denied Waupaca’s bid for an interlocutory appeal, underscoring his position that the plaintiffs were not barred by the FLSA’s opt-in procedure from pursuing state law claims that require an opt-out class.

Waupaca sought recourse to the U.S. Court of Appeals for the...
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