October 7, 2005
On October 7, Willkie obtained a significant ruling on behalf of Wal-Mart Stores, Inc. in a putative nationwide class action filed by 17 undocumented workers. The workers were employed by third party contractors that provided floor cleaning services to certain Wal-Mart stores. The lawsuit was filed in the United States District Court for the District of New Jersey and alleged five counts against Wal-Mart under the Racketeer Influenced Corrupt Organizations Act ("RICO"), the Civil Rights Act, the Fair Labor Standards Act ("FLSA"), and common law. Willkie filed a motion to dismiss the complaint for failure to state a claim. The District Court granted the motion on three of the five counts, dismissing both RICO claims and the civil rights claim, which alleged involuntary servitude. The ruling significantly reduces the scope of the case, leaving essentially overtime and minimum wage claims. Partner David P. Murray led the defense, with associates Randy Branitsky, John LoCurto, and David Esau of the Washington office.
