WASHINGTON - A court ruled that a class action lawsuit against Wal-Mart Stores Inc. may go to trial, allowing 40,000 current and former employees to participate in the lawsuit, Seattle law firm Tousley Brain Stephens said in a press release on Friday.
The lawsuit alleges that Wal-Mart has “engaged in a systematic scheme of wage abuse against its hourly paid employees in the State of Washington,” may go to trial. The alleged illegal abuses include off-the-clock work for which employees were never paid, missed meal and rest breaks and altered time records.
According to the complaint, Wal-Mart has a strict “No Overtime” policy, which it enforces by disciplining employees who work more than 40 hours per week without prior authorization. Understaffing of the stores, however, leaves employees with too much work to complete in 40 hours. As a result, thousands of employees work for free and miss meal and rest breaks rather than risk losing their jobs, according to the complaint.
Plaintiffs’ Attorney Beth Terrell, from Tousley Brain Stephens, blames Wal-Mart’s “bottom-line culture that encourages managers to treat their workers illegally.”
The order signed by King County Superior Judge Terry Lukens creates a class that automatically includes all current and former hourly paid employees.
The Court appointed Tousley Brain Stephens PLLC and Lieff Cabraser Heimann and Bernstein as counsel for the class.
(via Business Wire)
6 responses so far ↓
Karen Lowder // Nov 1, 2004 at 10:22 am
I was an employee for WalMart for 11 years. During that time, there were many many time that as a department manager I had to cover my department when someone called in sick. I did not get additional breaks or even regular lunch breaks on many occassions. I was finally forced to “quit” for trying to get paid for overtime worked during inventory preparations that often took 24 or more hours straight. They don’t talk about that or appreciate it.
Karen Lowder
480-961-5343
Ron Stauffer // Feb 23, 2005 at 7:37 am
after Sam Walton died - Wal-Mart’s Private Fleet i.e. its National Store Delivery System via its Company truck drivers - deployed this Nation’s most egregiously illegal and unsafe truck-transportation system. Drivers were wrongfully terminated for in-house activities prompting The Private Fleet to obey applicable regulations which would allow their drivers proper time for proper rest to curtail an escalating WM truck driver heart attack rate and otherwise unnecessary highway carnage and destruction (refer to the 4 teens killed in less than a heart beat by a asleep-at-the-wheel WM truck driver, on the Maine TP (read the WM document whereby this tragedy “was repaired” by The Private Fleet attending some parade in Me!)!
Read documents whereby The Private Fleet refused to pay its drivers duly earned hourly wages (while not driving)!
This lawlessness ran for some 10 to 15 years - in front view of the DOT and DOL - without impunity! At this time - Wal-Mart Stores Inc. “seemed” to be “America’s Corporation!”
One driver’s case finally resulted in an 8.5 million dollar jury award in Choctaw County Ms - another driver’s case was illegally adjucated by the DOL “to save” OSHA from its failure to have investigated America’s most dangerous work environemnt i.e. that of the WM truck driver and the millions-of-dollars of losses continually sustained by Hartford re its escalation of otherwise unnecessary claims re these accidents, injuries and heart attacks - all bases upon agendized truck driver sleep-deprivation.
Since - the pseudo angelic clothes have been ripped off this Corporation by Class Action after Class Action yet - the Wal-Mart truck drivers Class Action is yet to be properly addressed due to Legal Ignorance!
David Westfall // Apr 1, 2005 at 4:28 am
I had worked for Wal mart at an Illinois store for almost 3 years . I was subjected to many violations by the management , such as not getting my meal breaks on time and or any breaks periodically. Also the shift I worked was until 1 am and the store closed at 10 pm . We would be forced by Wal mart management threats of losing our jobs if we left at 1 am and didnt finish our work. Also when we were ready to leave and clocked out we were forced to go looking for 1 of 3 managers in the store who were the key holders to let us out. Costing us in our own personal time 15 to 45 minutes daily. I talked to store management , district manangement , and the VP over the district management assuring me everything would change. Change it did . When I was asked to transfer to another store in another state I was fired , right after the transfer went thru . Then Wal Mart fought my unemployment benfits losing every round until this past December when they finally dropped their fight against me suddenly. I found out the other day their attorneys decided not to fight my unemployment due to the fact there wasnt any evidence backing their claim to terminate me . Also I was injured SEVERAL times and now all those injuries are comming back to haunt them in a suit I filed againt them . I will get every penny I deserve from Wal Mart. The corporation sure screwed things up when Mr. Sam died.
Della Swope // Aug 8, 2005 at 8:41 pm
Early 1990’s I worked for Wal Mart in Illinois. I worked recieving, we had only women(5) we had to unload the trucks ourselves, whether it was 1 or 2 trucks. They gave me a key to the back door so I could recieve all vendor deliveries, that was a management job,but I did not recieve any increase in pay. Would miss breaks or be called off breaks to open back door to check vendors in.
David Hauber // Aug 9, 2005 at 8:16 am
I represent a woman who suffered a stroke at work and was taken home instead of a hospital when she later suffered brain damage because she was not promptly treated and given medication that would have prevented this injury. If anyone else knows of associate heart attacks or strokes occurring at work and incidents on how Wal-Mart responds, I would appreciate any such information. The more Walmart hires older workers, the more likely they are going to experience such medical emergencies. I assume Code White applies to both customers and associates so that any incidents involving customers also would be appreciated to know how they are supposed to be handled.
Jason Hodgdon // Sep 1, 2005 at 12:11 pm
I used to work in in-stock 2 and it was same as above cases they do not follow their own rules. they would not fire people who where not preductive which would hinder us and then tell us we could not go to lunch at the pre-determined time as stated in the rules. edit our hours and steal our overtime. and hire back people they fired. they want to keep people who are worthless cause they don’t have to give them raises or promote them. wal-mart wants it employee’s stupid. and forces or sets-up the smart ones to quit.
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