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SALVAS v. WAL-MART STORES, INC.

No. SJC-10108.

452 Mass. 337 (2008)

CRYSTAL SALVAS & another v. WAL-MART STORES, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

September 23, 2008.

Attorney(s) appearing for the Case

Carolyn Beasley Burton, of California, & Robert J. Bonsignore for the plaintiffs.

Charles R. Eskridge, III, of Texas, & Donald R. Frederico (Kathryn P. Hoek with them) for the defendant.

Ben Robbins, Martin J. Newhouse, & Jo Ann Shotwell Kaplan, for New England Legal Foundation & another, amici curiae, submitted a brief.

Shannon Liss-Riordan, Hillary Schwab, Philip J. Gordon, Audrey R. Richardson, & Catherine K. Ruckelshaus, for Massachusetts Employment Lawyers Association & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

MARSHALL, C.J.

In this putative class action, the named plaintiffs are former employees of the defendant, Wal-Mart Stores, Inc. (Wal-Mart), who were paid by the hour (hourly employees). On behalf of themselves and others similarly situated they allege that Wal-Mart wrongfully withheld compensation for time worked and denied or cut short rest and meal breaks to which they were entitled. The plaintiffs appealed from a Superior Court judge's allowance of summary judgment...

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