Tuesday, December 16, 2014

Pa. Supreme Court affirms $151 ruling against Walmart, Sam's Club



The Pennsylvania Supreme Court upheld a $151 million judgement against Walmart and Sam's Club in a class-action lawsuit alleging that employees were forced to work while on break, off the clock, or through designated meal times.


The December 15 decision affects a class of 187,979 members who worked at Walmart or Sam's Club from March 1998 to December 2005.

"Walmart had promised them paid rest and meal breaks, but then had forced them, in whole or in part, to miss breaks or work through breaks, and also to work "off-the-clock," i.e., to work without pay, after a scheduled shift had concluded," said court documents.

The plaintiffs alleged systemic wage-and-hour violations and presented the testimony of a number of former and current Walmart employees who said "they had regularly been forced to work without taking breaks (or to take shortened breaks) because the stores in which they worked were chronically understaffed."

Walmart argued that such a case should not have been brought as a class-action "because Appellees did not present sufficient, class-wide 'common' evidence of contract formation, breach, or unjust enrichment," said court documents.

"In our view, this was not a case of 'trial by formula' or of a class action 'run amok,' " the court ruled.

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