Wal-Mart Janitors Lose Class Cert. In OT Suit

Law360, New York (June 29, 2010, 5:05 PM EDT) -- A judge has decertified an overtime collective action brought by a group of former Wal-Mart Stores Inc. janitors who are illegal immigrants, saying the plaintiffs failed to show they are similarly situated.

Chief Judge Garrett E. Brown Jr. of the U.S. District Court for the District of New Jersey said Friday that there were significant disparities between the employment settings of the contract janitors that would greatly affect the defenses available to Wal-Mart.

“Due to the numerous different store locations at issue in this case and...
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