Posted on 09/19/2005 6:15:38 PM PDT by Extremely Extreme Extremist
OAKLAND, Calif. - Lawyers representing about 116,000 former and current Wal-Mart Stores Inc. employees in California told a jury Monday that the world's largest retailer systematically and illegally denied workers lunch breaks.
The suit in Alameda County Superior Court is among about 40 cases nationwide alleging workplace violations against Wal-Mart, and the first to go to trial. Wal-Mart, which earned $10 billion last year, settled a lawsuit in Colorado for $50 million that contains similar allegations to California's class action. The company also is accused of paying men more than women in a federal lawsuit pending in San Francisco federal court.
The workers in the class-action suit are owed more than $66 million plus interest, attorney Fred Furth told the 12 jurors and four alternates.
"I will prove the reason they did this was for the God Almighty dollar," Furth said in his opening statement.
Nine jurors must side with the plaintiffs to prevail. Millions of dollars also are sought to punish the company for the alleged wrongdoing.
The case concerns a 2001 state law, which is among the nation's most worker friendly. Employees who work at least six hours must have a 30-minute, unpaid lunch break. If they do not get that, the law requires they are paid for an additional hour of pay.
The lawsuit covers former and current employees in California from 2001 to 2005.
Wal-Mart declined to give an opening statement, reserving its right to give one later. Its lawyers also declined comment.
In court documents, the Bentonville, Ark., company claims that workers did not demand penalty wages on a timely basis. Wal-Mart adds that it did pay some employees their penalty pay and, in 2003, most workers agreed to waive their meal periods as the law allows.
The Bentonville, Ark.-based company also says some violations were minor, such as demanding employees punch back in from lunch and work during their meal breaks. In essence, workers were provided a shorter meal period than the law allows.
The case does not claim that employees were forced to work off the clock during their lunch breaks.
The lawsuit was brought in 2001 by a handful of San Francisco-area former Wal-Mart employees, and took four years of legal wrangling to get to trial. During that time, Wal-Mart produced internal audits that plaintiffs' lawyers maintain showed the company knew it was not granting meal breaks on thousands of occasions.
That 2000 audit was given to top-level executives, according to evidence submitted to jurors Monday.
One company document called results of the audit "a chronic problem." A one-week review of company policies showed thousands of instances in which workers were not given a meal break in accordance with the law, according to the documents provided to the jury.
"This is Wal-Mart auditing Wal-Mart," Furth said.
On Tuesday, as many as three plaintiffs are expected to testify in a trial that will last weeks.
Several lawyers representing out-of-state Wal-Mart workers in class action lawsuits were in the gallery. Karin Kramer, a lawyer suing Wal-Mart on behalf of 50,000 Washington state company workers, said suing Wal-Mart is a gargantuan task.
"They can afford and do fight you on every single issue," she said.
Shares of Wal-Mart rose 14 cents to close at $44.01 Monday on the New York Stock Exchange.
The Wal Marts in Ohio , the ones I have seen are a mess on all levels, to the point it is no longer worth the hassle to shop there.
All I can tell you is that is not anything close to the experience I have had at Wal Marts in either California or Ohio. From poorly stocked items, to "service" that in effect doesnt exist to 15+ minuite checkout times, to the general poor quality of many of the products they do sell, it is just not worth my time.
Going to the local supermarket, and TJ Maxx/Ross for discount clothes is far easier.
Needless to say, she never came back, but 3 of the 7 people in line became repeat customers - because I was sooooo nice to a rude customer.
I'd be miserable at hell if I worked at one too. The conditions are awful. That's why I shop at Target, they at least seem like sorta non-zombies there.
Walmart just plain sucks, nobody would work there unless they have to. It is reflected in the quality of service you see there.
Do you work in the store or at a corporate office at Walmart?
Let them eat cake, on the job!
The MSM writes up every allegation when it has to do with Walmart. These union wannabes might be making the whole thing up. Anyone can allege, let's wait and see if anything comes of this.
TRUE. ER 8 years. No lunch, no break in 12 hours shifts.
I'm compairing the pay and the hours worked by a typical employee to a teacher...who only work part of the year. They make 10 times what you make and work less.
I put myself through college (2 degrees) while working full time too---in the summer I took extra classes and also worked weekends! Want to talk sacrafice??....but I don't have the advantages that teachers get...it's a part time job....I have to work full time and get less perks. No tenure for me.....we can't slack off.
It's a part time job.... you mean what you do? Go sit on a class sometime and tell me about it being a part time... that is laughable. If you want to slave for a owner of a business that is your choice.
It's a part time job.... you mean what you do? Go sit on a class sometime and tell me about it being a part time... that is laughable. If you want to slave for an owner of a business that is your choice.
It's a part time job.... you mean what you do? Go sit on a class sometime and tell me about it being a part time... that is laughable. If you want to slave for an owner of a business that is your choice.
That very well could be the dumbest statement I've ever seen posted on FR.
Everyone of us makes decisions that involve trade offs and sacrifices concerning our jobs
Some of us just make better decisions than the rest of "us."
Nice to meet ya :)
When does she do her lesson planning and grading of tests and homework. Does she make herself available to students after school for help in problem subject areas? Is she spending any of her nights, week-ends or summers working toward an advanced degree. Does she attend any workshops that are specific to the subjects she teaches.
Could it be that your wife is one of the lazy teachers who are detailed frequently on FR? You certainly make it sound that way.Why don't you spend some time working on making her a better teacher instead of an education parasite?
I guess I'm not understanding why this law is "friendly" to the worker. It's only six hours, and the break is unpaid.
So here's the deal: You can be at work from 8:00am to 2:00pm w/o a lunch break, or you can be at work from 8:00am to 2:30pm and get a break. Either way your pay is the same. I'd prefer the shorter shift, return home, and eat my meal with my family.
These people would faint dead away if they had worked the farm with my Dad. Lunch around noon and then out in the field until dark, sometimes turning the headlights on in order to finish if you were doing tractor work.
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