Nachricht auf Law.Com: Wal-Mart Janitors Try Again to Bring Class Action Suit Over Wages, Hours. Just months after a federal judge decertified a class action suit charging retail giant Wal-Mart with complicity in janitorial contractors’ abuses of illegal aliens, a second attempt has been filed – one that looks suspiciously like the first. The new suit seeks certification on behalf of a class of immigrant janitors who are or have been employed at Wal-Mart stores in the United States who were denied the wages, benefits or other protections to which they are entitled under law. Both suits also include a subclass consisting of class members who were falsely imprisoned or otherwise confined by the company’s alleged practice of locking employees inside Wal-Mart stores while they worked.
The suit, like the first, alleges janitors routinely worked seven days a week and were denied overtime pay, in violation of the Fair Labor Standards Act, and that Wal-Mart acquiesced in the illegal practices, in violation of the Racketeer Influenced Corrupt Organizations Act.
But in the first suit, Chief District Judge Garrett Brown held on June 25 that the janitors failed to meet class action requirements because they could not show they were similarly situated. He cited the lack of uniformity in their work schedules, payroll and tax withholding procedures and the fact that some worked for other stores in addition to Wal-Mart. Brown also ruled that their similar job duties — cleaning restrooms, polishing floors, vacuuming carpets — were not enough to show they were similarly situated.
Brown allowed the first suit to proceed on behalf of the 17 janitors listed as named plaintiffs. The new complaint, filed Oct. 14, is on behalf of 42 other janitors who are known to the plaintiffs lawyers, but were not listed as named plaintiffs in the first case, says James Linsey of New York’s Cohen, Weiss & Simon, one of the plaintiff firms ...Zum vollständigen Artikel