Employment/Labor Team Argues against Class Certification

The Employment and Labor group won a major victory in a class-certifica­tion case for Wal-Mart Stores, Inc., brought in Arizona Superior Court.  Plaintiffs sought to certify a class of 50,000 hourly-paid Wal-Mart employees in Arizona, claiming that Wal-Mart forced employees to miss breaks and lunches, and to work off the clock without pay. 

Judge Carmine Cornelio denied the plaintiffs’ motion for class certifi­cation.  Plaintiffs had alleged five causes of action in their complaint: breach of written employment agreement, breach of oral contract, quantum meruit, restitution, and breach of implied covenant of good faith and fair dealing.  On behalf of Wal-Mart, the Steptoe attorneys successfully argued that class treat­ment was inappropriate because individualized issues would pre­dominate any trial.

Wal-Mart is a global retail chain with more than 6000 stores.