Declining to dismiss a prospective wage class action against clothing retailer The Childrens’ Place, a federal judge has instead stayed the litigation.
The plaintiffs are store managers at The Childrens’ Place stores and allege that they were not paid overtime and misclassified as exempt from the Pennsylvania Minimum Wage Act. The plaintiffs made identical claims in an underlying FLSA suit. The defendant argued the case should be dismissed on the basis of claim splitting.
“The doctrine of claim splitting is intended to prevent a defendant from having to deal with piecemeal litigation of the same issues,” U.S. District Judge Gene E.K. Pratter of the Eastern District of Pennsylvania said in her opinion. ”Staying the case will prevent The Children’s Place from having to spend resources on duplicative litigation, but will also preserve the Plaintiffs’ claims in the event” the plaintiffs’ claims there rare dismissed.