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 Post subject: Walmart caught abusing employees
PostPosted: Fri Dec 23, 2005 9:19 am 
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Jury awards millions to Wal-Mart workers
California workers claimed they were denied lunch breaks

Friday, December 23, 2005; Posted: 12:00 a.m. EST (05:00 GMT)

OAKLAND, California (AP) -- A California jury on Thursday awarded $172 million to thousands of employees at Wal-Mart Stores Inc. who claimed they were illegally denied lunch breaks.

The world's largest retailer was ordered to pay $57 million in general damages and $115 million in punitive damages to about 116,000 current and former California employees for violating a 2001 state law that requires employers to give 30-minute, unpaid lunch breaks to employees who work at least six hours.

The damages were originally tallied as $207 million after a court clerk misread the punitive damages as $150 million. The amount of punitive damages was later clarified.

The class-action lawsuit in Alameda County Superior Court is one of about 40 nationwide alleging workplace violations by Wal-Mart, and the first to go to trial. The Bentonville, Arkansas-based retailer, which earned $10 billion last year, settled a similar lawsuit in Colorado for $50 million.

In the California lunch-break suit, Wal-Mart claimed that workers did not demand penalty wages on a timely basis. Under the law, the company must pay workers a full hour's wages for every missed lunch.

The company also said it paid some employees their penalty pay and, in 2003, most workers agreed to waive their meal periods as the law allows.

The lawsuit covers former and current employees in California from 2001 to 2005. The workers claimed they were owed more than $66 million plus interest, and sought damages to punish the company for alleged wrongdoing.

Attorney Fred Furth, who brought the case on behalf of the workers, said outside court that the jury "held Wal-Mart to account."

Wal-Mart attorney Neal Manne said the jury's verdict, reached after nearly three days of deliberations and four months of testimony, would likely be appealed.

He claimed the state law in question could only be enforced by California regulators, not by workers in a courtroom. He added that Wal-Mart did not believe the lunch law allowed for punitive damages.

"We absolutely disagree with their findings," Manne said of the jury's verdict. He conceded that Wal-Mart made mistakes in not always allowing for lunch breaks when the 2001 law took affect, but said the company is "100 percent" in compliance now.

The lawsuit was filed by several former Wal-Mart employees in the San Francisco Bay area in 2001, but it took four years of legal wrangling to get to trial.

The verdict comes as the company is waging an intense public-relations campaign to counter critics aiming to stop the retailer's expansion and make it boost workers' salaries and benefits.

Paul Blank, campaign director for, an union-affiliated advocacy group that believes Wal-Mart's policies over wages, health benefits and other issues harm families and communities, said he was delighted by the verdict.

"It is a sad day when Wal-Mart provides these so-called low prices by exploiting their workers and even the law," Blank said.

The company added lower-cost health insurance this year after an internal memo surfaced that showed 46 percent of Wal-Mart employees' children were on Medicaid or uninsured.

A federal lawsuit pending in San Francisco accuses the company of paying men more than women.


 Post subject:
PostPosted: Fri Dec 23, 2005 11:08 am 
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It is sad that Wal-mart has the money to appeal and will do so. It took these people four years to even get to court. It will take another four years to get their money, if they win the appeal. Most of it will be eaten up in attorney fees.

My daughter was out of work and took a job at a new Wal-mart in a neighboring town. She knows how I feel about Wal-mart and hesitated to tell me was was going to work there. I told her to go ahead, she would just confirm everything people say about the way Wal-mart treats their workers.

1. She was given the medicaid form to fill out for medical benefits while filling out her employment application. (She is a single mom)

2. She was told they wanted to put her in the deli (and pay $2 more than minimum wage) because she had such a good work record at her precious place of work and they needed "smart, hard working, dependable" people in the deli. They blew smoke up her ass to get her to take the worst job in the whole store.

The deli was the length of half of a football field. Three girls at a time worked this deli. They missed breaks because they were always packed and there was not enough people to work. They couldn't just walk away and leave a line in their area. (I would have) People would walk away complaining because they couldn't get waited on.

3. She was told she would get trained how to run the slicers, deep fryers, etc.

Opening day she was panic stricken. She had been moved all over the store stocking and doing things for other departments. She had NO CLUE how to run any of the equipment in the deli. Her supervisor never had time to talk to her about her concerns.

4. She was promised she would only work 40 hours a week, (babysitting was a problem) and she was one of the first hired for the deli so she would get mostly day shifts.

She would be scheduled to get off at 11:00 pm and was expected to have the deli cleaned so she could just leave. The deli would stay packed until closing (11:00 pm). Some nights she did not get out of there until 2:00 am. Then she would be expected to be back in to open at 7:00 am.

Over 40 people walked out the first day. One of the guys "trained" in the deli left for lunch and didn't return.
Needless to say she only lasted one month. It took her two more months to get all her pay they owed her. They kept saying she only worked 40 hours the first week and 40 the second. She averaged about 60 hours a week. Her first check was wrong. She finally got that straighten out and her second check was wrong.

I had ordered the Wal-mart movie while she was working there. After she quit we watched it. She kept saying - yep that is true, so is that. They did that to me........... on and on.

Like I said, she just confirmed what we all knew anyway.



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