2nd Circuit Upholds Ruling For Retailer In Managers’ Overtime Method Suit

Mealey's (June 24, 2020, 12:58 PM EDT) -- NEW YORK — A Second Circuit U.S. Court of Appeals panel on June 15 affirmed summary judgment for a retailer in a putative collective and class complaint by department managers (DMs) in a lawsuit seeking unpaid overtime due to the employer’s use of the fluctuating workweek (FWW) method, writing that the workers failed to show that two questionable weeks of underpayment out of 1,500 or limited fluctuations in their work weeks were sufficient to support their claims (Danyell Thomas, et al. v. Bed Bath & Beyond Inc., No. 19-1647, 2nd Cir., 2020 U.S. App. LEXIS 18747)....