"‘When the organization of a modern society, such as ours, affords the possibility of illegal behavior accompanied by widespread, diffuse consequences, some procedural means must exist to remedy – or at least to deter – that conduct.’ Here, the class action is just such a procedural device. By equalizing adversaries, we provide access to the courts for small claimants. By denying shelter to an alleged wrongdoing defendant, we deter similar transgressions against an otherwise vulnerable class – 72,000 hourly paid retail workers purportedly harmed by their corporate employer’s uniform misconduct. Individually, the aggrieved Wal-Mart employees lack the strength in terms of resources and motivation to assert their grievances in court. Collectively, as a class, they are able to pursue their claims."


Iliadis, et al. v. Wal-Mart Stores, Inc., Case No. A-69-06 (May 31, 2007 Supreme Court, New Jersey)

PRACTICE AREAS

UNFAIR EMPLOYMENT PRACTICES

Abbey Spanier has extensive experience in representing current and former employees of large corporations who have been denied compensation in violation of the federal and state labor laws and/or in violation of company policy. Abbey Spanier currently represents employees who have sustained damages as a result of their employers’ failure to compensate them in accordance with applicable law and policy.

Abbey Spanier is currently litigating three actions against Wal-Mart Stores, Inc. in New Jersey, Iowa, and Illinois on behalf of current and former hourly employees of Wal-Mart who were denied rest breaks, meal breaks or were forced to work off the clock. In New Jersey, Abbey Spanier successfully appealed the denial of class action certification by the trial court in the New Jersey Supreme Court. On May 31, 2007, in its first full treatment of the state’s class action rule since 1983, the New Jersey Supreme Court reversed the trial court and directed an entry of an order certifying the class.

Abbey Spanier was one of the lead counsel in the class action against Wal-Mart Stores, Inc. brought on behalf of 186,000 current and former hourly employees of Wal-Marts and Sams Clubs in the state of Pennsylvania. Plaintiffs obtained a $78 million jury verdict against Wal-Mart and an express finding that Wal-Mart failed to act in good faith in failing to pay class members for missed rest breaks and off-the-clock work. The court has awarded an additional $62.5 million in liquidated damages based upon the jury findings of bad faith.