Dunham’s Athleisure Unable to Shake Employee’s Wage Class Action

A Dunham’s Athleisure Corp. retail associate can proceed with her suit alleging store policy required up to half an hour of unpaid work and miscalculated overtime hours, a federal court said.

The US District Court for the Eastern District of Michigan on Dec. 8 rejected the company’s motion for judgment on the pleadings. The company argued that the Ohio Minimum Fair Wages and Standards Act’s opt-in requirement for prospective plaintiffs conflicted with Federal Rule of Civil Procedure 23, which says class actions are opt-out.

Jessica Heppard says the store she worked at required employees to clock out before all closing ...