Federal judge refuses to dismiss Wal-Mart janitors' lawsuit Saturday October 08, 2005 NEWARK, N.J. (AP) A federal judge has allowed a group of illegal immigrant janitors to proceed with a lawsuit seeking overtime pay from discount retailer Wal-Mart. U.S. District Judge Joseph Greenaway on Friday threw out a motion from Wal-Mart lawyers to dismiss the collective action suit filed by the janitors, who were among those rounded up in immigration raids at Wal-Mart stores two years ago. While allowing claims on overtime pay and paying below the minimum wage to stand, Greenaway did dismiss three other claims against Wal-Mart, including one that alleged workers were subject to involuntary servitude. The judge also tossed out a charge that the company violated federal racketeering laws but gave the plaintiffs 45 days to submit more evidence to support their claim. Their lawyer, James Linsey, planned to refile the charges. Linsey said the original lawsuit was filed by 17 workers in New Jersey, but now includes ``several hundred'' who worked in stores nationwide. Wal-Mart spokesman Marty Hires declined to comment until attorneys for the company could examine the ruling. Last May, Wal-Mart agreed to pay an $11 million civil fine to end a federal probe into the use of illegal immigrants at stores in 21 states, including New Jersey.