Court Reverses Bar on Class Certification vs. Wal-Mart

Apr 30, 2008 6:00 AM, By ELLIOT ZWIEBACH


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SAN FRANCISCO — The U.S. 9th Circuit Court of Appeals here reversed a lower court ruling Monday that had barred a group of current and previous Wal-Mart assistant managers from suing as a class over claims they were denied overtime pay and meal breaks. The case — Sepulveda vs. Wal-Mart — involves more than 2,750 employees. The appeals court said the U.S. District Court for the Central District of California erred a year ago when it said the claims were too individualized and most of the people were no longer with the company and therefore refused to grant the request to proceed with a class-action lawsuit. The appeals court ordered the lower court to reconsider the request for class-action certification. Wal-Mart officials could not be reached for comment.

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