Victoria’s Secret Workers’ Wage and Hour Suit Survives Dismissal

Victoria’s Secret Stores LLC failed to shake off a proposed class action alleging it failed to compensate workers for time spent undergoing temperature screenings for Covid-19 prior to their shifts.

Victoria’s Secret argued that the claims should be dismissed because the proposed class is “entirely subsumed within” still-pending wage and hour cases filed against the company before the pandemic.

The first-to-file rule doesn’t warrant dismissal because it is possible that the prior-filed cases won’t “fully address the class” that lead plaintiff Monique Tirado seeks to represent, Judge Jennifer L. Thurston of the US District Court for the Eastern District of ...