Mass. high court reinstates suit vs. Wal-Mart

The Massachusetts Supreme Judicial Court reinstated a class-action lawsuit against Wal-Mart yesterday, ruling that a lower court judge was wrong to throw out the case filed by 67,500 workers who claim they were denied meal breaks and forced to work off the clock.

The lawsuit was decertified in 2006 when a Middlesex Superior Court judge ruled the employees had no right to seek compensation for meal breaks, which are unpaid. The judge also ruled the plaintiffs could not use testimony by Martin Shapiro, a statistics expert who interpreted Wal-Mart's time-keeping records and other reports for the employees.

Massachusetts' highest court overturned the judge's decision yesterday, and the lawsuit will proceed to trial and include Shapiro's testimony.

Daphne Moore, a spokeswoman for Wal-Mart, said it is company policy to "pay every associate for every hour worked and to provide rest and meal breaks" and "any manager who violates this policy is subject to discipline," including termination.

Carolyn Beasley Burton, a lawyer representing the employees, said her clients are ready to go to trial and called the court's decision to readmit the case a victory for workers' rights.

"If you don't have corporate oversight and you don't have corporate accountability with employees, then who is going to make sure that the laws are followed?" she said.

The lawsuit resembles cases filed against Wal-Mart across the country. The class-action suit began in 2001 when two former Wal-Mart employees filed a complaint on behalf of former and current employees at 47 Wal-Mart stores around Massachusetts. They alleged they were denied breaks and inadequately compensated for all of the hours they worked. In 2004, a Superior Court judge certified the case as a class-action lawsuit.

Jonnelle Marte can be reached at jmarte@globe.com.