Zavala v. Wal-Mart Stores Inc., No. 11-2381; Third Circuit; opinion by Smith, U.S.C.J.; filed August 9, 2012. Before Judges Fuentes, Smith and Jordan. On appeal from the District of New Jersey. [Sat below: Judge Brown.] DDS No. 25-8-xxxx [49 pp.]
This suit, which has been pending for more than eight years, was filed by Wal-Mart cleaning crew members who are seeking compensation for unpaid overtime and certification of a collective action under the Fair Labor Standards Act, civil damages under RICO, and damages for false imprisonment. The workers illegal immigrants who took jobs with contractors and subcontractors Wal-Mart hired to clean its stores allege: (1) Wal-Mart had hiring and firing authority over them and closely directed their actions such that it was their employer under the FLSA; (2) Wal-Mart took part in a RICO enterprise with predicate acts of transporting illegal immigrants, harboring illegal immigrants, encouraging illegal immigration, conspiracy to commit money laundering, and involuntary servitude; and (3) Wal-Mart’s practice of locking some stores at night and on weekends without always having a manager available with a key constituted false imprisonment.
