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Walmart get hit with 78mil fine in Pennsylvania

mzkhadir

Diamond Member
MSNBC

PHILADELPHIA - Wal-Mart Stores Inc. must pay at least $78 million for violating Pennsylvania state labor laws by forcing employees to work through rest breaks and off the clock, a jury decided Friday.

Michael Donovan, a lawyer for the plaintiffs, had asked the jury for at least that amount in compensatory damages for what he said were missed or shortened breaks, or time employees worked off the clock.

He will now seek an additional $62 million in damages because the jury found that Wal-Mart acted in bad faith. Common Pleas Court Judge Mark Bernstein is expected to rule on that issue later.

The class-action suit involves 187,000 current and former employees who worked at Wal-Mart and Sam?s Clubs in Pennsylvania from March 1998 through May of this year. The jury found Thursday that the nation?s biggest retailer violated state labor laws.

Wal-Mart attorney Neil S. Manne said the company plans to appeal both the class certification and the jury?s findings.

?It will be a very broad ranging appeal,? said Manne.

Lead plaintiff Dolores Hummel, who worked at a Sam?s Club in Reading from 1992-2002, charged in her suit that she had to work through breaks and after quitting time to meet work demands in the bakery. She said she worked eight to 12 unpaid hours a month, on average, to meet work demands.

After the jury ruled on Friday, Hummel said the lawsuit was necessary ?to show how we were treated working at Wal-Mart ? working off the clock and not getting paid.?

The plaintiffs used electronic evidence, such as systems that show when employees are signed on to cash registers and other machines, to help win class certification during several days of hearings last year.

Wal-Mart had a corporate policy that gives hourly employees in Pennsylvania one paid 15-minute break during a shift of at least three hours and two such breaks, plus an unpaid 30-minute meal break, on a shift of at least six hours.
 
Good to hear. Not because Wal-Mart is the evil empire, but because it's wrong for any employer to try and pull that kind of BS.

However class actions are a make up for the lawyers involved, not the people. Given the average take for a lawyer, each person named in the suit will only get $280.
 
Originally posted by: BobDaMenkey
Good to hear. Not because Wal-Mart is the evil empire, but because it's wrong for any employer to try and pull that kind of BS.

However class actions are a make up for the lawyers involved, not the people. Given the average take for a lawyer, each person named in the suit will only get $280.

That's about a week's pay at Walmart. That's not toooo bad. That's just the compensatory damages, right? The punitive damages could nearly double it.
 
Originally posted by: BobDaMenkey
Good to hear. Not because Wal-Mart is the evil empire, but because it's wrong for any employer to try and pull that kind of BS.

However class actions are a make up for the lawyers involved, not the people. Given the average take for a lawyer, each person named in the suit will only get $280.

I agree. Its good that they are getting nailed for this. To many company's do this crap and get away with it.

this is not just a wal-mart problem. this goes on in many other business's.

pitty the only ones who are going to get anything out of this is the lawyers.
 
Has wal-mart ever been held responsible for locking it's stocking employees inside the store over-night without keys to get out? That's one of the worst abuses I've heard. They basically locked them in over night without keys and could only leave once the morning manager came in. If they left through the emergency exits they would be automatically fired. Didn't matter if you got injured and needed to go to the hospital, or needed to leave for any other emergency. Can you imagine being in that situation?

That company's management is just straight up evil.
 
Lawsuits like this are about changing the behavior of the offender not compensation. Sucks that the lawyers get a big chunk but without their efforts Walmart would still do this.

I hate Walmart and lawyers 🙂
 
The Walmarts up in my area has in the past forced employees to go back to work after their shift was over. They made them clock out and go back to work.
 
Originally posted by: sonoma1993
The Walmarts up in my area has in the past forced employees to go back to work after their shift was over. They made them clock out and go back to work.

I'm interested in hearing more about this...go on.
 
Originally posted by: sonoma1993
The Walmarts up in my area has in the past forced employees to go back to work after their shift was over. They made them clock out and go back to work.

When I worked for them I was pulled off of lunch to go back to work. Breaks? What's a break?

They're evil.
 
When I worked at Burger King, they tried to do this to me. I was approaching 40 hours and they wanted me to clock out and work longer (so that they wouldn't have to pay overtime). I was under 18 at the time too. I said I wasn't working unless they pay me overtime. They told me just to go home.
 
Originally posted by: Cdubneeddeal
They should be fined more. This happens all around the country yet nothing has been done about it.

Yep. $78 million to Wally is like a cheap $20 dinner for the rest of us.
 
I read in this morning's paper, that they are asking for an additional $62 million because this was a willful act on the part of Wally-World, (punative damages) AND, that Wally-World has to pay the plantiff's legal fees...THAT is a huge win for them, and each worker, instead of getting the $280 predicted elsewhere in this thread, might actually get $500! 😉
Glad to see "the little guys" win one against the 500 lb. gorilla for a change...(we'll see how this plays out in appeals)
 
Originally posted by: BoomerD
I read in this morning's paper, that they are asking for an additional $62 million because this was a willful act on the part of Wally-World, (punative damages) AND, that Wally-World has to pay the plantiff's legal fees...THAT is a huge win for them, and each worker, instead of getting the $280 predicted elsewhere in this thread, might actually get $500! 😉
Glad to see "the little guys" win one against the 500 lb. gorilla for a change...(we'll see how this plays out in appeals)

wow the workers may get $500! fricken amazing!

usually they end up withe a coupon or something.
 
Originally posted by: preslove
Has wal-mart ever been held responsible for locking it's stocking employees inside the store over-night without keys to get out? That's one of the worst abuses I've heard. They basically locked them in over night without keys and could only leave once the morning manager came in. If they left through the emergency exits they would be automatically fired. Didn't matter if you got injured and needed to go to the hospital, or needed to leave for any other emergency. Can you imagine being in that situation?

That company's management is just straight up evil.

If someone is dumb enough to not take someone to a hospital because of company policy, they have bigger issues than losing their job.
 
Originally posted by: pulse8
Originally posted by: preslove
Has wal-mart ever been held responsible for locking it's stocking employees inside the store over-night without keys to get out? That's one of the worst abuses I've heard. They basically locked them in over night without keys and could only leave once the morning manager came in. If they left through the emergency exits they would be automatically fired. Didn't matter if you got injured and needed to go to the hospital, or needed to leave for any other emergency. Can you imagine being in that situation?

That company's management is just straight up evil.

If someone is dumb enough to not take someone to a hospital because of company policy, they have bigger issues than losing their job.

same with working off the clock.
 
I find it odd that it?s a crime to make an hourly employee work a couple of unpaid hours a week, and it?s normal and accepted to require salaried employees to work ten or twelve hour days.
 
Originally posted by: Greenman
I find it odd that it?s a crime to make an hourly employee work a couple of unpaid hours a week, and it?s normal and accepted to require salaried employees to work ten or twelve hour days.

oh that is easy.

a salaried person gets a set yearly pay. They also get superior benefits and usually a far better job (white Collier vs blue Collier).

part of that agreement is working when needed. Most people understand that they may have to work more hours then 40 a week.
 
Originally posted by: Greenman
I find it odd that it?s a crime to make an hourly employee work a couple of unpaid hours a week, and it?s normal and accepted to require salaried employees to work ten or twelve hour days.

That's because you don't know the difference between salary and hourly rate.
 
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