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ILIADIS v. WAL-MART STORES, INC.

922 A.2d 710 (2007)

191 N.J. 88

Michelle ILIADIS and Angela Nelson-Croxton, individually on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. WAL-MART STORES, INC., a Delaware Corporation, Sam's Club, an operating segment of Wal-Mart, Inc., Derrick Zimmer and Glen Spencer, Defendants-Respondents, and and presently unidentified John Does 1 through 10, Defendants.

Supreme Court of New Jersey.

Decided May 31, 2007.

Attorney(s) appearing for the Case

Judith L. Spanier, a member of the New York bar, New York City, argued the cause for appellants (Hanlon & Niemann, attorneys, Freehold; Ms. Spanier and Christopher J. Hanlon, Freehold, of counsel and on the briefs).

Michael K. Furey, argued the cause for respondents (Riker, Danzig, Scherer, Hyland & Perretti, attorneys, Morristown; Mr. Furey and Sandi F. Dubin, New York City, on the briefs).

Mark Hanna, Clifton, submitted a brief on behalf of amicus curiae United Food and Commercial Workers Union District Council of New York and Northern New Jersey (Davis, Cowell & Bowe, attorneys).

David R. Kott, Newark, submitted a brief on behalf of amicus curiae New Jersey Business & Industry Association (McCarter & English, attorneys; Mr. Kott, Adam N. Saravay and Edward J. Fanning, Jr., of counsel and on the brief).

Chief Justice ZAZZALI delivered the opinion of the Court.

The named plaintiffs, former hourly employees of defendant Wal-Mart Stores, Inc., allege in their class-action complaint that Wal-Mart, through centralized control over business operations, denied them earned rest and meal breaks and forced them to work "off-the-clock." In seeking to represent a state-wide class of similarly-situated Wal-Mart hourly employees, plaintiffs claim that defendant engaged in widespread...

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