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Case ID: 2864 | Employment | 11/10/2003
A class action has been filed against Wal-Mart Stores, Inc. on behalf of current and former Wal-Mart and Sam's Club stores employees in Minnesota who allege that the company has refused to pay them overtime and for meal and rest breaks since 1998 in violation of state labor laws. The action seeks unspecified compensatory damages.
Named plaintiff Debbie Simonson alleges that she was asked to straighten up her area of the Wal-Mart store in Brooklyn Park "off the clock" before beginning her shifts and after signing out for the day when she worked there in 2000 and 2001. Ms. Simonson said she passed out promotional items to customers, assembled candy bags and cleared carts from the parking lot without being paid for it. Allegedly, she usually didn't get meal or rest breaks, either. Repeated complaints to management allegedly made no difference. Similar complaints against the nation's largest retailer are at issue in actions filed across the country by Wal-Mart employees. Wal-Mart has admitted that there are at least 37 separate off-the-clock cases seeking class-action status in 29 states. Courts have denied class-action certification in five of those cases to date. A court in Indiana recently certified one class action. In 2001, a class action was certified in Colorado and then settled for a reported $50 million. In late December 2002, a jury in Portland, Oregon, found Wal-Mart guilty of violating federal and state wage-and-hour laws in requiring employees to work "off the clock." Wal-Mart's stated policy allows employees a paid rest break for every three hours worked and an unpaid meal period of at least 30 minutes for every six hours worked. The Minnesota action alleges that Wal-Mart is concerned only with maximizing profits. Managers allegedly feel so pressured to meet ambitious financial goals that they keep down labor costs by altering time cards or getting employees to work off the clock before and after their shifts. The action cites one time-clock report from Wal-Mart's Apple Valley store showing one of the sales associates worked 8.28 hours of overtime. On the same report, a handwritten note states: "needs 8.28 hours taken off." The action alleges that employees are also frequently asked to work for 15 to 30 minutes after clocking out at four different Twin Cities Sam's Clubs. The named plaintiffs earned between $5.46 and $10 per hour and worked at Wal-Mart and Sam's Club stores from 1997 through 2001. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Employment Cases of Interest In a lawsuit filed in federal court, twenty-one former employees of CooperSurgical Inc. charged the Company with age discrimination in connection with their terminations following CooperSurgical's acquisition of Milex Products, Inc. in February 2004.
A statewide collective action has been filed in California against banking Giant, Washington Mutual Bank, FA. The action is brought on behalf of all individuals employed as "Loan Processors" or "Loan Coordinators" since November 14, 1999, who were allegedly not paid proper overtime compensation, were not paid for all hours worked, were not provided with state mandated break periods and who were not promptly and correctly compensated upon termination or resignation. The employees are seeking back pay, compensatory damages, disgorgement of profits, statutory damages and declaratory and injunctive relief. The action is brought under both the federal Fair Labor Standards Act as well as California wage law and is a collective action. As a collective action, all potential class members are required to join the action in order to recover. Sprint Nextel Corp. will spend at least $29 million to settle a class-action lawsuit with more than 88,800 current and former employees who claimed the company irresponsibly invested too heavily in its stock as part of employees' retirement plans. A class action lawsuit has been filed in the District Court of New Jersey against the City of Somers Point. The case involves violations of the Fair Labor Standards Act. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. Orange County Sheriff Kevin Beary faces a class-action lawsuit filed by agency retirees angered by losing lifetime health insurance benefits. About 300 former employees claim Beary illegally stripped them of the coverage offered since 1998 to anyone who worked 20 years or more for the agency.
A class action lawsuit has been filed in the Western District Court of New York against ETS Staffing for violations of the Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Class members seek an injunction to have the company stop its pay practices, unpaid wages, other damages, attorney’s fees and costs of the litigation. |
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