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Wal-Mart Faces Another Lawsuit Over Employee Time Worked

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Case ID: 4522 | Employment | 11/10/2005

According to Mark Curless, a resident of Cody, Wyoming and a former employee, Wal-Mart Stores Inc. has cheated him and other employees for time worked, including overtime hours.

The lawsuit was filed by Curless against the world's largest retailer because recently discovered memos show it has deleted thousands of hours of time worked from payroll records in a practice known as "time shaving," according to the complaint filed in U.S. District Court and assigned to Judge Alan Johnson in Cheyenne.

"Injustice can be avoided only if the Court mandates that Wal-Mart, as an (employer) of thousands of Wyoming citizens, pay its employees (which it refers to as 'family' members) all wages earned," according to the complaint filed by Curless's attorney.

Wal-Mart did this in at least five ways, according to Curless' lawsuit:

* Altering employees' records to make it appear as if their workdays ended one minute after their meal periods ended, which effectively denied them three or four hours of pay.

* Deleting overtime hours over 40 hours.

* Deleting employee time card punches so they would not be paid for an entire day or afternoon of work.

* Altering records to make it appear employees took meal periods when they did not.

* Failing to pay employees for all reported time.

According to the complaint, plaintiffs in other class-action lawsuits in other states have obtained databases with this evidence, but that information is under protective order, unavailable to people in Wyoming, and Wal-Mart has denied these allegations.

The lawsuit has thousands of potential members in the class action, which attorneys expect will be joined with similar litigation elsewhere in the country.


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