Posted on 10/11/2005 2:10:31 AM PDT by indianrightwinger
Wal-Mart Can't Clean Up Michael Maiello, 10.10.05, 2:47 PM ET
NEW YORK - Wal-Mart Stores fended off a racketeering charge on Friday, but a U.S. judge decided that a lawsuit brought against the behemoth retailer by the undocumented workers who once buffed its superstore floors can proceed. Wal-Mart will have to answer to charges of not paying these workers fair wages and overtime, and that its store managers locked the doors on overnight cleaning crews, keeping them prisoner until the doors were opened the next morning to let in bargain-hunting shoppers.
New York City labor lawyer James Linsey, who represents several hundred illegal workers in their lawsuit against Wal-Mart (nyse: WMT - news - people ), promises to resubmit the racketeering allegations. But he says he is pleased that the heart of his complaint--that the workers were underpaid and mistreated--withstood Wal-Mart's motion to dismiss.
In March, Wal-Mart agreed to pay $11 million to end a four-year-old U.S. government criminal investigation into its hiring practices (see: "It's Not Over For Wal-Mart"). But it still faced a massive class-action suit filed on behalf of the workers. Linsey said at that time that the accusation of racketeering--that Wal-Mart had deliberately conspired to hire illegals on a national basis--carried such a stigma that it might motivate the retailer to settle with his clients. Now, even if the racketeering accusations are brought back into the case, Linsey no longer seems hopeful about a settlement. Wal-Mart has fought the workers' case for 16 months.
U.S. District Judge Joseph Greenaway's decision to let stand the wage charges, which were brought under the Fair Labor Standards Act, helps explain the court's thinking about the claims of undocumented workers. First, he rejected Wal-Mart's argument that because the workers are illegal, they can't seek relief from the law. Greenaway wrote, "This court only joins a growing chorus acknowledging the right of workers to seek relief for work already performed under the Fair Labor Standards Act."
Next, he rejected Wal-Mart's assertion that since the janitors worked for contractors rather than Wal-Mart directly, Wal-Mart was not their employer. Greenaway also rejected Wal-Mart's claim that the wage issue should be dismissed because it had paid above minimum wage to some of the workers and "near" minimum wage to several others. "Simply put," Greenaway wrote, "payment of 'near' the lawful minimum wage is not payment of the minimum wage."
On the allegations of false imprisonment, the workers will have the opportunity, as a class, to sock Wal-Mart with punitive damages, should they win this issue at trial. Linsey says he'll be able to present testimony not only from workers who were locked into the stores but from their friends, family members and neighbors who sometimes couldn't find the workers because of their confinement.
"This is potentially more costly [than other aspects of the case]," says Linsey. "Punitive damages are based on the type of punishment it would take to get the attention of someone who did something very bad."
The Wal-Mart trial will continue to wind on slowly. Linsey has 45 days to resubmit his racketeering claim, and then Wal-Mart will have another go at getting it dismissed.
Wal-Mart didn't returned calls for comment.
What is wrong with our legal/political system?
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
I agree 100% on the good that could come out of this case. I wish the charges against Walmart were brought by the Justice Department to hold them accountable for hiring Illegals.
Problem though is that Walmart is being singled out by the liberal establishment because they hate Walmart for a variety of reasons. The key reason is that Walmart does not allow workers to be unionized.
This sounds fishy. If there was collusion between Wal-Mart and the contractors that would be another matter, but nobody has even alleged this.
I want to sleep but I am a Wal-Mart associate and think
some people in my company made a big mistake and deserve
some punishment. I do the floor work the illegals used
to do in my store. But do you know this some of the
East Europeans who used to work in my store do the same
thing at a Target store nearby. A man who works at another
Target told me they're using Brazilians who are here on
90 day visas to do their floors.
I want to sleep but I am a Wal-Mart associate and think
some people in my company made a big mistake and deserve
some punishment. I do the floor work the illegals used
to do in my store. But do you know this some of the
East Europeans who used to work in my store do the same
thing at a Target store nearby. A man who works at another
Target told me they're using Brazilians who are here on
90 day visas to do their floors.
Your exactly right. Farms and wineries use them all the time. Is anyone going to tell us that they don't work in bad conditions there. The problem is that a lot of politicians own farms and wineries for tax shelters, therefore you won't here a word about it.
If this case is won by the illegals, any "compensation" Walmart pays out should be disbursed to the INS in order that these illegal scumbags be deported immediately. I see a win/win for America and it's good that Walmart gets slapped too.
Sorry I hit that twice, also I know the company took action against people at the home office who were involved in the
contracting out. But what's the appropriate punishment
for Wal-Mart. Some liberal judge allowing illegals to sue them. Maybe Wal-Mart should be made to contribute to the
Minuteman Project LOL?
This behavior by corporations should not be condoned. In fact, it should be punished. My only qualm is with who is suing Walmart and for what.
Justice department would be the ideal plaintiff.
Good luck. It will never happen.
The lawyers will walk with a 1/3 or 1/2. The illegals will get the rest.
This problem should be dealt with by the President with
some straight and honest talk. Does our economy need illegals to survive? Is it because EPA OSHA labor laws
make illegal workers the only way for business to cut
expenses? Have we aborted 40 million people out of our
workforce so we need illegals, etc?
"This court only joins a growing chorus acknowledging the right of workers to seek relief for work already performed under the Fair Labor Standards Act."
This is the tip of the iceberg. This liberal, Clinton appointee has opened the floodgates for illegals (criminals) and their sharp toothed lawyers, to use our justice system for civil actions.
Which is it- deport illegal aliens and deprive them of rights and benefits, or give them more rights and let them stay here and clog up our courts and destroy our businesses?
FYI, I am FOR punishing businesses that break the law and am sympathetic to the plight of those who come here to work. What next?
I like the idea of invaders suing their employers and I encourage them all to do it, but I'm suspicious why the government went after Walmart with an unclear situation like this and hasn't gone after any other company that directly hires invaders.
Is every company that uses a janitor service responsible for the legal status of the janitors that this service employs?
Should the grocery store be responsible if the apple that they sold was picked by an illegal alien?
"I like the idea of invaders suing their employers and I encourage them all to do it"
You must be out of your mind.
Yeah! LOL! ..A Win/Win..nighty-nite..go to bed. :D
What goes around comes around.
Why are ILLEGALS allowed to sue in our courts?
You are FOR illegal aliens using our courts to file civil actions against our businesses?
Also what happens if Uncle Sam pays them a visit and sends them back to Mexico?
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