Retail giant Walmart has appealed to the Pennsylvania Supreme Court, asking it to overturn a $187.6 million class-action verdict issued two years ago.
That decision followed a 32-day trial in 2006 that sent shock waves through the Pennsylvania employer community. The jury in that case determined that Walmart managers forced employees to work through their breaks—in effect making them work off the clock. In 2011, an appeals court upheld that verdict.
Walmart maintains that each manager should be questioned about each infraction rather than have a formula determine which employee will receive from the settlement. The company maintains the evidence in the case points to individual violations, not a larger pattern.
By forcing plaintiffs to show individual liability, Walmart hopes to whittle down the size of the class.
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