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Class-Action Case Vs. Walmart Certified In N.J.
WCBSTV ^

Posted on 05/31/2007 9:19:18 AM PDT by Sub-Driver

Class-Action Case Vs. Walmart Certified In N.J.

(CBS/AP) NEWARK, N.J. The state Supreme Court on Thursday certified a class-action lawsuit against Wal-Mart Stores Inc. by New Jersey employees who claim that the nation's largest retailer denied them meal and rest breaks, and forced them to work off-the-clock.

The 5-1 ruling by New Jersey's highest court revives the workers' lawsuit, which had been denied class-action status by a trial judge and an appellate panel.

The decision was welcomed by a lawyer for the workers, Judith L. Spanier, who said the class would contain about 80,000 current and former Wal-Mart employees. She said similar cases were pending in other states.

(Excerpt) Read more at wcbstv.com ...


TOPICS: Business/Economy; US: New Jersey
KEYWORDS: boycottwalmart
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Where's John Edwards - he usually chases these lawsuits...
1 posted on 05/31/2007 9:19:21 AM PDT by Sub-Driver
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To: Sub-Driver
IMHO, one of Wal’s biggest problems is that their policy of hiring managers ‘on the cheap’ usually results in managers who barley know how to run a cash register, at that, know anything about employment law. The result is things like this..
2 posted on 05/31/2007 9:22:47 AM PDT by mnehring (Fred Thompson\Zell Miller '08 - Give the Dems and Terrorists Hell !!!!!!!!!!)
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To: Sub-Driver
Didn’t Wal Mart eat someone’s ham sammich as well?
3 posted on 05/31/2007 9:22:55 AM PDT by kinoxi
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To: Sub-Driver

This is SOP for Wal Mart. Good to see that their money isn’t enough to buy all of the judiciary.


4 posted on 05/31/2007 9:33:43 AM PDT by PeterFinn (The end of islam is the beginning of peace.)
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To: Sub-Driver
and forced them to work off-the-clock

...or what? They don't pay you? Only an idiot would do this.

5 posted on 05/31/2007 9:39:07 AM PDT by Niteranger68 (Nosotros no hablamos español.)
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To: mnehrling
Wal-Mart sets the goals for employees so high, that it is nearly impossible to attain them without working time off the clock. It's not much different than UPS, where it is impossible for new employees to reach the production guidelines. It is possible, once they learn all the "tricks" of their trade. Consistent, and habitual slackers, don't last long though.

My understanding is in Wal-Mart's case, employees work extra time by choice in order to make their goals, not under implicit threat of termination.

6 posted on 05/31/2007 9:44:38 AM PDT by kylaka
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To: kylaka
employees work extra time by choice in order to make their goals, not under implicit threat of termination.

That's true at a lot of companies, and it's a mug's game. I learned the hard way a very long time ago that if I need to work overtime to reach the objectives set for me, then it's time to look for a new job.

7 posted on 05/31/2007 9:52:10 AM PDT by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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To: Squawk 8888
I learned the hard way a very long time ago that if I need to work overtime to reach the objectives set for me, then it's time to look for a new job.

Are we talking hourly or salaried? In my experience, white collar salaried positions in the US require 60 or more hours per week to succeed and provide two weeks of vacation that you rarely get to use.

8 posted on 05/31/2007 9:58:51 AM PDT by IamConservative (I could never be a liar; there's too much to remember.)
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To: RacerF150
and forced them to work off-the-clock

I worked for Farrell's Ice Cream Parlour in high school. One of the assistant managers would often clock people out right at "closing time", yet require them to work until the kitchen and dining room were spotless and ready for the next day. A genuine, criminal asshole. The last I heard of that guy is that he's a convicted felon on the run in Mexico.

9 posted on 05/31/2007 9:59:47 AM PDT by Myrddin
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To: mnehrling
"who barley know how to run a cash register"

Simple solution: do not allow barley to run a cash register. LMASO

10 posted on 05/31/2007 10:04:10 AM PDT by verity (Muhammed and Harry Reid are Dirt Bags)
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To: Squawk 8888
That's true at a lot of companies, and it's a mug's game. I learned the hard way a very long time ago that if I need to work overtime to reach the objectives set for me, then it's time to look for a new job.

I decided that I needed to distinguish my value to my employer vs the clock watchers in my work group. My income today is more than triple what my "peers" in that group are making. I've been salaried since 1980. The overtime had no impact on my bi-weekly paycheck, but it made a huge difference on my annual evaluations, promotions and pay raises.

11 posted on 05/31/2007 10:05:34 AM PDT by Myrddin
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To: verity
Simple solution: do not allow barley to run a cash register.

Nope, much better to employ it in making beer!

As for unpaid overtime, that exists all over the place. When people are desperate to keep even a crappy job, it happens.

12 posted on 05/31/2007 10:08:02 AM PDT by hunter112 (Change will happen when very good men are forced to do very bad things.)
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To: Myrddin

It’s pretty simple to me. If you’re not paying me, I’m not working for you. You don’t have the leverage to “force” me to do anything.


13 posted on 05/31/2007 10:11:52 AM PDT by Niteranger68 (Nosotros no hablamos español.)
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To: IamConservative
Are we talking hourly or salaried? In my experience, white collar salaried positions in the US require 60 or more hours per week to succeed and provide two weeks of vacation that you rarely get to use.

Very true. My comp leave was a 537 hours on Monday of this week. I'm selling 40 hours this week and 80 more hours in December. I've been so busy this time card period that I'm deferring the 8 hour holiday time for Memorial Day for some time in the future. That deferral must be used before Feb 1, 2008. I'm expected to have 80 hours of direct chargeable labor on each time card (or take enough leave hours to fill to 80). Any time worked beyond 80 hours is recorded as uncompensated overtime. My supervisor knows exactly how much effort is put forth and on what contracts.

I had worked 69 hours between Monday morning and Friday evening last week. One of my contracts is in "crunch time" delivery mode, so lots of extra time is necessary for testing before the delivery.

14 posted on 05/31/2007 10:14:39 AM PDT by Myrddin
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To: verity
Good catch.. I have to stop posting on a mobile...
15 posted on 05/31/2007 10:18:53 AM PDT by mnehring (Fred Thompson\Zell Miller '08 - Give the Dems and Terrorists Hell !!!!!!!!!!)
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To: mnehrling
IMHO, one of Wal’s biggest problems is that their policy of hiring managers ‘on the cheap’ usually results in managers who barley know how to run a cash register, at that, know anything about employment law. The result is things like this..

My HO agrees with your HO. :-)

You get what you pay for.

It's an important, profound bit of wisdom that should never be forgotten.

16 posted on 05/31/2007 10:20:57 AM PDT by TChris (The Republican Party is merely the Democrat Party's "away" jersey - Vox Day)
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To: mnehrling
No disrespect meant.

I struggled with the decision but I lost. ;-)

17 posted on 05/31/2007 10:22:55 AM PDT by verity (Muhammed and Harry Reid are Dirt Bags)
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To: RacerF150
It’s pretty simple to me. If you’re not paying me, I’m not working for you. You don’t have the leverage to “force” me to do anything.

No problem. My employment contract is "at will". My employer or I can terminate the relationship at any time for any reason or no reason at all. I enjoy my work and the paycheck is pretty decent. When I cease to enjoy it, I'll do something else. I had a supervisor who sent me a layoff notice in June 2002 when the customer on my contract decided to go out of business. No problem. I took a week of vacation, tracked down $3 million in new business and took it to another supervisor who was more ethical. That ended the layoff. The guy who sent me the layoff notice is no longer a company employee. The company found a good reason to no longer employ him.

18 posted on 05/31/2007 10:23:27 AM PDT by Myrddin
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To: verity
None taken.. Funny thing is I’m usually the one doing the proof reading and editing.. sometimes I just rush through posts, especially when looking at them on a 3x5 inch screen...
19 posted on 05/31/2007 10:27:04 AM PDT by mnehring (Fred Thompson\Zell Miller '08 - Give the Dems and Terrorists Hell !!!!!!!!!!)
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To: RacerF150

The company I work for. I have know people who were given 3 weeks work to do in 2 weeks and they were strongly urged to be “flexible and get it done”. Even if that meant working late, working through breaks and lunches, or coming early. And only paying a 40 hour week. It happens a lot.


20 posted on 05/31/2007 10:30:23 AM PDT by Hydroshock (Duncan Hunter For President, checkout gohunter08.com.)
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