Kmart Cashiers Gets Narrow Class OK'd In Seating Suit

Law360, New York (June 12, 2013, 2:42 PM EDT) -- A federal judge refused to certify a California-wide class of Kmart Corp. cashiers Tuesday in a lawsuit alleging violations of the state's suitable seating requirements, but did approve a one-store class and said Kmart's “possible stonewalling” on checkout configuration information was a serious issue.

U.S. District Judge William Alsup's omnibus order marked his second ruling on class certification in the lawsuit, which saw the first suitable seating trial in California's history in November. Like the first time around, Judge Alsup limited the class to cashiers at...
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Case Information

Case Title

Garvey v. Kmart Corporation

Case Number



California Northern

Nature of Suit

Labor: Other


William Alsup

Date Filed

May 27, 2011

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