Thursday, May 31, 2007

NJ Supreme Court Certifies Class Action Against Wal-Mart

Via Reuters:
The New Jersey State Supreme Court on Thursday certified a class-action lawsuit against Wal-Mart Stores Inc. filed by employees who allege the retailer deprived them of rest and meal breaks while forcing them to work "off the clock."

In a 5-1 ruling, the state's highest court revived a lawsuit by about 72,000 current and former New Jersey employees who had previously been denied class-action status by trial and appellate courts.

The court said it certified the status because "common questions of law and fact predominate over individualized questions" and class-action is the most effective way to settle the matter.

"We're disappointed with the decision and we are studying the opinion," Wal-Mart spokesman John Simley told Reuters.
I haven't found a link to the opinion yet.

Having been former Wal-Mart employee, I can tell that the rules forbid this kind of action and my managers never asked me to do anything like this. Technically, we on the night receiving crew were "locked in" the store, we were still able to leave when necessary. We all ate in teh store since meal break was at 3:00am and nothing was open at that time to eat.

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