Ninth Circuit Gives Plaintiffs Permission to Appeal Denial of Class Certification in Wal-Mart Assistant Manager Class Action

A two-judge panel of the Ninth Circuit Court of Appeals has granted a motion filed by three Wal-Mart assistant managers (AMs) that will allow the AMs to file an appeal from a District Court order denying class certification of the AMs' overtime, meal period, and rest period claims.

District Court Judge Dale Fisher denied class certification of the action on May 5, 2006, and the AMs asked the Ninth Circuit for permission to appeal that decision. Today, the Ninth Circuit agreed to allow the AMs to appeal. Chief Judge Mary Ms. Schroeder and Circuit Judge Stephen Reinhardt signed the order.

"This is a tremendous victory for our clients and all of Wal-Mart's employees," said the AMs' attorney, Steven G. Pearl of The Pearl Law Firm in Los Angeles. "We are confident that the Ninth Circuit will reverse the decision to deny class certification, and this case will go forward as a class action on behalf of all AMs employed in California."

Assistant Store Managers File Wage and Hour Class Action Against Wal-Mart

Three assisant managers (AMs) employed by Wal-Mart Stores, Inc., have filed suit against the world's largest employer, alleging that it should pay overtime compensation, meal period compensation, and rest period compensation to all of its California AMs.

The law suit alleges that Wal-Mart routinely requires its AMs to work more than eight hours per day and 40 hours per week, but fails to pay the AMs overtime compensation. The law suit also alleges that Wal-Mart routinely fails to provide the AMs with the meal and rest periods required by California law, and fails to pay the AMs for their missed meal and rest periods. The law suit seeks compensation, interest, and penalties on behalf of all AMs employed by Wal-Mart in California at any time since January, 2000. It also seeks to force Wal-Mart to change its compensation policies, so that AMs are paid for their overtime hours.

The AMs are represented by Steven G. Pearl of The Pearl Law Firm in Los Angeles. "California law requires employers to pay their employees overtime wages, even if they are on salary," Mr. Pearl said. "Wal-Mart calls our clients 'assistant managers' and pays them a salary, but the reality is that they spend almost all of their time doing the same routine tasks that the hourly employees do. Unless Wal-Mart is going to give its AMs real administrative or executive authority, it needs to provide them overtime compensation, meal periods, and rest periods, like its other non-exempt employees."

Additional information is available from The Pearl Law Firm at (818) 995-8300

Software Engineer Files Overtime Class Action Against Citicorp

A computer software engineer for Citicorp Development Center has filed a class action law suit against his employer, alleging that he and his co-workers have not been paid the overtime compensation owed to them.

"California law requires employers to pay software engineers overtime as long as they make less than $89,000 per year, even if they are on salary," said the plaintiff's attorney, Steven G. Pearl. "Our client is like most software engineers. He consistently works more than 40 hours per week, but his employer refuses to pay him time-and-a-half."

The law suit seeks recovery of overtime wages for all software engineers employed by Citicorp Development Center, Citibank Service Corporation and Salomon Smith Barney in California over the last four years.

"California employers must comply with California law, which is more strict than Federal law. Under Federal law, software engineers earning more than $57,000 per year are exempt from the overtime requirements. But in California, you are only exempt if you earn $89,000 per year or more," Mr. Pearl explained. "The majority of California's software engineers are owed overtime, and their employers are going to have to start paying them for it."

Additional information is available from The Pearl Law Firm at (818) 995-8300.