Appeals court: Walmart owes $188 million for unpaid work — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Appeals court: Walmart owes $188 million for unpaid work

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in Employment Law,Human Resources,Overtime Labor Laws

The Pennsylvania Superior Court has upheld a $188 million verdict against Walmart stores and Sam’s Club warehouse stores in a case involving 187,000 current and former employees. A jury had concluded that’s what the retailer owed employees for rest breaks that should have been paid and for off-the-clock work.

It also awarded the workers’ lawyers $46 million in attorneys’ fees.

In a massive 211-page opinion, the three-judge panel concluded that the jury had enough evidence to convict the retailer of breach of contract, unjust enrichment and state labor law violations.

The decision has been long awaited and follows a 32-day trial in 2006 that sent shock waves through the state’s employer community.

Attorneys for the workers alleged that Walmart and Sam’s Club stores in Pennsylvania didn’t allow workers to take the paid breaks they were entitled to and also required them to work after clocking out or before clocking in. The attorneys used the company’s own computer records to show that employees worked through breaks.

Following the original verdict, the retailer settled several other pending cases in other states.

Attorneys for Walmart said they may appeal the latest decision.

Note: Remember that you must relieve employees of all duties during breaks and that they cannot work without pay after clocking out or before clocking in. That’s true even if employees do so voluntarily or without permission. It’s up to employers to make sure employees don’t work when they aren’t supposed to.

{ 2 comments… read them below or add one }

Connor August 5, 2013 at 10:30 am

Walmart simply doesn’t take care of its employees.

I work at a law firm, and we’ve been representing a very nice family here in Northern Virginia who had the courage to go toe to toe with Walmart and its lawyers after Walmart refused to pay for applied behavioral analysis (ABA) therapy for the family’s child.

After Walmart hired multiple attorneys (all of whom said that they didn’t have a case), they finally budged and paid our client. However, Walmart also wanted to pay our client “hush money” so that they kept quiet about their case. Its quite disgusting that Walmart wouldn’t pay for necessary autism treatment for a child; especially when the treatment was promised in their contract.

You can read more about the claim here: http://www.vamedmal.com/blog/walmart-s-war-on-health-care-for-autism—what-in-the-world-is-this-company-thinking-about.cfm

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trevor leach November 1, 2011 at 9:20 am

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