March 10, 2020 / 10:58 PM / 21 days ago

Split D.C. Circuit rejects Whole Foods' bid to narrow class action over bonus pay

A divided U.S. appeals court on Tuesday said Whole Foods Market Inc’s bid to strike employees who worked outside of Washington D.C. from a proposed nationwide wage-and-hour class action filed in the city was premature, because potential class members are not yet parties to the case.

The U.S. Court of Appeals for the D.C. Circuit in a 2-1 decision said Whole Foods, which was backed by the U.S. Chamber of Commerce, would have to wait until a class is certified in the lawsuit to argue that a 2017 U.S. Supreme Court decision in Bristol-Myers Squibb Co v. Superior Court applies to class-action lawsuits filed in federal court.

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