Michael Kors' Motion To Dismiss Case Denied in Class Action Filed by the Riverside Labor Lawyers at Blumenthal, Nordrehaug & Bhowmik Seeking Overtime Pay

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United States District Court Judge Jesus Bernal ruled that the proposed class action overtime lawsuit must proceed and denied Michael Kors' request to nix the case filed on behalf of Michael Kors' California employees.

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The off-the-clock overtime lawsuit against Michael Kors will now continue to proceed in the United States District Court for the Central District of California.

On September 16, 2015, United States District Court Judge for the Central District of California, Honorable Judge Jesus Bernal, denied Michael Kors Stores (California), Inc.'s (“Michael Kors”) motion for summary judgment in a proposed class action lawsuit alleging that Michael Kors failed to pay their California hourly employees all wages due to them as a result of allegedly forcing these employees to perform work off-the-clock for the company. A copy of the Court's order denying Michael Kors' motion for summary judgment can be read by clicking here. The lawsuit is currently pending in the United States District Court for the Central District of California, Case No., CV-15-00369-JGB.

At issue in the motion was whether the Plaintiff, who worked as an hourly employee in one of Michael Kors' California stores, had plead sufficient facts in the Complaint regarding the alleged off-the-clock overtime work she claimed she suffered while working for Michael Kors. In regards to the off-the-clock issue, the Court stated "[t]he Court finds Plaintiff's [Complaint] is sufficiently pleaded and satisfies the requirements of Landers. Plaintiff alleges specific instances in which she and members of the proposed class regularly performed overtime work for which they were not paid--specifically, the requirement that she and others create daily 'Sales Reports' outside of regular work hours." As such, the Court denied Michael Kors' motion to dismiss Plaintiff's cause of action for failure to pay overtime wages.

Additionally, Michael Kors' asked that the Court dismiss Plaintiff's claim for missed meal periods because, as Michael Kors attorneys argued, the Complaint is "devoid of any facts to support any claim that Defendant affirmatively engaged in any conduct that prevented Plaintiff . . . from taking a compliant meal or rest break." The Court again disagreed Michael Kors' argument and denied their request stating "Plaintiff has pleaded far more than 'naked assertions or threadbare recitals' of the elements of Plaintiff's claim for failure to provide meal breaks."

The off-the-clock overtime lawsuit against Michael Kors will now continue to proceed in the United States District Court for the Central District of California.

Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco, Sacramento, Los Angeles and Riverside. The firm dedicates its practice to contingency fee employment law work for issues involving overtime pay, missed meal breaks, wrongful termination, discrimination and other California labor laws. Contact an experienced California employment lawyer today by calling (800) 568-8020.

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Nicholas De Blouw
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