Frequently Asked Questions

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Questions

Answers

What is this lawsuit about?

The complaint in this lawsuit alleges that Wal-Mart and its maintenance contractors systematically exploited janitors who cleaned Wal-Mart stores by violating federal labor law and immigration law and denying those employees overtime, minimum wage and other basic protections of labor and employment law, such as social security benefits and workmen's compensation. The case is brought as a class action and seeks backpay and other damages, punitive damages and attorneys fees.
What is a class action?

A class action is a suit brought by individuals on behalf of all others with the same claims. A judge has to decide if a case meets the legal requirements for a class action. If the requirements are met, all persons in the class may be covered by the case, unless they ask to be excluded. In addition, class actions brought under the Fair Labor Standards Act (which is part of the present case), an individual joins by requesting to be included to be covered by the case.
Am I a member of the class represented in this case?

If you worked as a janitor for a cleaning contractor at Wal-Mart Stores nationwide, regardless of your immigration status, from November 10, 2000 through the present, you should contact us immediately to protect your rights.
What do I have to do to be in the class?

Please contact us immediately so that we may act to protect your rights.
Will it cost me anything to be included in this case?

No.
What attorneys are bringing this case?

Lawyers familiar with representing employees and their unions in labor and employment litigation represent the plaintiffs: Cohen, Weiss and Simon LLP Garcia and Kricko See our Attorney Profiles page.
How can I find out more?

Check this website for updated information on the case. Or, contact us.
What could the janitors get if we are successful?

Federal law requires an employer to pay overtime at one and a half times your regular hourly pay for each hour you worked more than 40 in a given week. In addition, the Complaint in this case seeks three times actual damages, permitted under RICO, plus attorneys fees, plus punitive damages.
What does RICO mean?

RICO is the federal Racketeer Influenced Corrupt Organizations Act. It is a federal law which targets persons who operate various enterprises through patterns of criminal acts, including criminal violations of the immigrant laws and different sorts of fraud.
What will happen next?

We will begin the discovery process and get information and documents from Wal-Mart and its maintenance contractors concerning their employment practices.
What if Wal-Mart retaliates against me?

That would be illegal. Contact us immediately.
Will Wal-Mart find out if I contacted you or provided you information?

We maintain and will assert that anything you tell us related to this case is secret and protected by the attorney-client privilege and should not be shared with Wal-Mart or any others. If we think you have information that can assist the case, you should contact us to be included in the case. In no event should Wal-Mart's managers or attorneys talk to you about your claims in this case. If they try to do so, please contact us at once.
How long will the case take?

A lawsuit this complex may take up to several years to resolve.
When do I have to act?

You should contact us immediately if you believe that you are included in the class or if you have information concerning Wal-Mart's employment practices.
Do you speak my language?

We have translators and interpreters available to respond to your questions and concerns.

This website is sponsored by the attorneys for the Plaintiffs and represents their views of the case. The Federal District Court for the District of New Jersey, has not authorized or approved this website or its content. The Court has taken no position regarding the merits of the Plaintiffs' claims or Wal Mart Stores, Inc.'s defenses.