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NEWS: Wal-Mart Sued By Former Employees

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posted on May, 24 2005 @ 08:03 AM
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Two Kentucky men have filed a class action law suit against the retail giant, claiming that they were forced to perform duties off the clock and while on lunch and break periods. According to the lawsuit, employees are sometimes even locked in stores and forced to finish their tasks while clocked-out.

 



www.dailyindependent.com
Next month, Boyd Circuit Court Judge Marc I. Rosen will hear arguments on whether a lawsuit filed in his county against Wal-Mart - which operates two stores locally and is building a third - qualifies for class-action status.

If it does, Wal-Mart employees throughout the state could jump on the bandwagon.

The suit, filed on behalf of former Wal-Mart employees Michael Nagy, of Lexington, and Ronald Jeffers, of Hazard, alleges the company abuses its workers, forcing them to perform duties off-the-clock and during lunch and break periods, for which they are not compensated.



Please visit the link provided for the complete story.


This is from my home town, so it caught my attention. Seems like Wal-Mart just can't stay out of the news... kinda makes you wonder what is really going on there huh ?

With this being a Class Action suit, I imagine it will have more and more Wal-Mart employees "jumping" on...



[edit on 24-5-2005 by elevatedone]




posted on May, 24 2005 @ 08:20 AM
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To the author...I think we have to registrate to view the article..thats what I got at least. Judging from the info provided here is my spill


perform duties off-the-clock and during lunch and break periods, for which they are not compensated.


Hey can somebody call the wambulance? cause these guys are crybabies.

they should not get a dime, in fact..they should lose money for being such losers and push-overs. They could have said no to doing the work when ask to work during lunch and overtime they could have said no thanks...am I getting paid for it? and they had the option to quit If they didnt like it.

These are just a couple of dead beats looking for some cash...lazyiness.
If it is somehow WalMarts fault they should get the money they would have made in teh hours workes plus maybe a little extra for the "mental anguish"...like maybe one grand...thats all. Why should they become rich because they worked a little unpaid overtime (if that)



posted on May, 24 2005 @ 08:25 AM
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I'm sorry, yes you do have to register to read the entire article. I forgot about that.




posted on May, 24 2005 @ 08:32 AM
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well in that case..can you copy and quote the article...I really would like to read it.



posted on May, 24 2005 @ 08:53 AM
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CATLETTSBURG Boyd County could become a battleground between a retail giant and its employees.

Next month, Boyd Circuit Court Judge Marc I. Rosen will hear arguments on whether a lawsuit filed in his county against Wal-Mart - which operates two stores locally and is building a third - qualifies for class-action status.

If it does, Wal-Mart employees throughout the state could jump on the bandwagon.

The suit, filed on behalf of former Wal-Mart employees Michael Nagy, of Lexington, and Ronald Jeffers, of Hazard, alleges the company abuses its workers, forcing them to perform duties off-the-clock and during lunch and break periods, for which they are not compensated.

The 25-page complaint alleges Wal-Mart creates a culture where managers are encouraged to cut costs and overhead by under-staffing stores and requiring employees perform tasks that cannot be completed within the time-frame of the hours they are paid to work.

According to the lawsuit, employees are sometimes even locked in stores and forced to finish their tasks while clocked-out.

The retail chain "has ridden the backs of its employees to extreme profitability," the suit states, adding that Wal-Mart pressures its hourly employees to complete assignments through "intimidation, threats of discharge and demotion."

The accusations against the store paint a picture of a corporate culture that is geared at exploiting workers while hiding behind a written policy that promotes employees' rights.

A Wal-Mart spokesman did not immediately return phone calls seeking comment Monday.

Melanie Bailey, a Cincinnati attorney who represents Nagy and Jeffers, said she anticipates many Wal-Mart employees joining the suit if it qualifies for class-action status.

Bailey said she doesn't know why the suit was filed in Boyd County, as it was originally filed by another law firm.

The lawsuit was first filed in Boyd Circuit Court in 2001, and was moved to U.S. District Court. It was then moved back to Boyd in 2002.

The suit seeks an unspecified amount in punitive damages for Wal-Mart employees.

Wal-Mart employs about 24,000 workers in Kentucky, according to court records.



posted on May, 24 2005 @ 08:58 AM
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Hey can somebody call the wambulance? cause these guys are crybabies.


I agree, this is an obvious ploy to score some easy money. This ranks up there with the lady who spills hot coffee on herself and then sues McDonald's for serving hot coffee. These frivilous law suits are ruining the justice system. It's things like this that justifies the government stepping in and telling us how to live every aspect of our lives. This is probably their only means of not having a job with a nametag on their shirt.



posted on May, 24 2005 @ 09:02 AM
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employees are sometimes even locked in stores and forced to finish their tasks while clocked-out.


yeah these guys are losers...real push overs. If should not have happened, cause the employees should have told WM to flak off after the first time of being locked in. They asked for it.......



posted on May, 24 2005 @ 09:06 AM
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I work at Wal+mart, they are the biggest, that is why they are always in the news... and as I see it... this lawsuit is a total scam.. as this company does not operate this way, gtf



posted on May, 24 2005 @ 09:30 AM
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I wonder how many people here at ATS would also sue if they had to work under these conditions ? It's very easy to quickly jump up and shout "they're cry babies" "looking for the quick buck"...



posted on May, 24 2005 @ 09:40 AM
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It's very easy to quickly jump up and shout "they're cry babies" "looking for the quick buck"...


Not me, No Sir, No way.....I work under similar conditions, only I signed the contract. And I can't complain cause most of my good friends are over in Iraq fighting the fight. I can honestly say I would not act as they do, like babies.



posted on May, 24 2005 @ 09:42 AM
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I actually did work at places like Wlamart and yes there have been times where they (as well as other companies later on) requested that I work overtime (unpaid) as well as off the clock.
Depending on the employee-management relationship, I would either agree or disagree to do this. I was once told that if I did not work off the clock or after after hours, that i would loose my job. When that happened, I firmly told management that if that was what they wished, then please fire me then and I would go directly to the local state employment office and inform them of the situation. Since requiring people to work off the clock or overtime not being paid is illegal, needles to say they dropped that threat.
Shortly thereafter, there would be meetings and announcements informing employees that such practices were against company policy and would not be tolerated.



posted on May, 24 2005 @ 09:43 AM
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Originally posted by kenshiro2012
I actually did work at places like Wlamart and yes there have been times where they (as well as other companies later on) requested that I work overtime (unpaid) as well as off the clock.

Shortly thereafter, there would be meetings and announcements informing employees that such practices were against company policy and would not be tolerated.



Isn't it illeagal for employers to "request" / "require" people to work off the clock or unapid ?



posted on May, 24 2005 @ 09:45 AM
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kenshiro2012, good job. That's way it should handled..in a professional manner. This case should not have reached where it is now if a few people just did what you did and applied a little common sense



posted on May, 24 2005 @ 09:47 AM
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As mentioned, I informed the supervisor that if they required my working off the clock or overtime (unpaid) was against the law. Which is why the compaines started putting out announcements that such was against company policy.
I have and still do work under such conditions only due to the fact that I am employed with an organization that I enjoy working for / with. They have more than made up for any losses of time / money.



posted on May, 24 2005 @ 09:50 AM
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found this..... sort of funny that this was question of the day at :

198.234.41.198...


question of the day

Q: When does an employer have to pay overtime?

A: When the employer grosses over $150,000 a year, and an employee works more than 40 hours in a work week.



posted on May, 24 2005 @ 11:06 AM
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Cry-babies? You must be kidding. Do you work for your employer without expecting to be paid for your time?

When Wal-Mart hires someone they do so on the promise that the person will be paid a certain wage for all time worked. If Wal-Mart is asking, requiring, or coercing employees to work "off the clock" then it should be sued, punished, and these people should be paid for all their uncompensated time plus penalties.

To my knowledge, Wal-Mart doesn't pay people a living wage to begin with. If it has more work to be done than the manpower they have on board, they need to hire more people rather than allow management to get the job done for free by requiring workers to contribute their time to the company on an implied threat of adverse action or a bad evaluation for refusing to kiss a$$.

WAR STORY:
I worked as a delivery driver for a national bread company one summer when I was in college 26 years ago. That company had a policy of loading the drivers with more deliveries than could be handled during the time allotted. The company had an unwritten but very strict policy that drivers had to "get the job done" whether it took 40 hours of straight time or an additional 20 hours of overtime per week, but a driver must never enter any time over 40 hours per week on the time card. I played along for six weeks but the uncompensated overtime was a heavy burden and my wife was complaining about never seeing me. So, I began entering my overtime on my time card. Suddenly, a manager showed up to ride the route with me for a week. Then that manager began reporting that I was leaving stale and moldy product on the store shelves (a lie). Then I was transferred to an even more demanding delivery route. The "trainer" who rode with me the first week and I, two guys, had to run from the truck into the stores to make the deliveries and rotate the stock. One morning, without warning, after the week of training on the new route, the regional manager showed up at 5:00 a.m. and asked me into his office where two other management people and a union rep were present. He asked "Can you do this route in 40 hours a week?" I told him "No, two guys can't do it in 40 hours. It would be impossible for one to do it in that time." He said, "I see. So you're saying you can't or won't do the job." I said, "No, I'm saying the job can't be done in 40 hours by one person." He said, "Well, we have no choice then but to let you go." So, I was fired. I tried to resolve it through the union. The union rep was on a management track and absolutely worthless as an employee advocate. I hired a lawyer. We sued. I recovered all my uncompensated overtime, plus all the wages I had lost due to the illegal termination of employment (i.e. retaliatory termination), plus statutory penalties, and my attorney fees. All the other drivers with wives and kids and mortgages were watching with great interest. None of them dared to report their overtime hours for fear of losing their jobs, their homes, and eventually their families for lack of money to support them. I don’t know what the other drivers did after seeing what happened to me. I suspect they just kept going along to get along.

So, more power to the Wal-Mart employees who have been abused by being illegally required to work off the clock. This should teach Wal-Mart and a good lesson and send a strong message to all other employers who are improving their bottom lines by engaging in this illegal practice.


[edit on 5/24/2005 by dubiousone]



posted on May, 24 2005 @ 11:17 AM
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Cry-babies? You must be kidding. Do you work for your employer without expecting to be paid for your time?


cool your jets turbo.

to sum it up, i was saying that this situation should have never happened and got as far as it did. the people, employees should have used a little common sense combined with some intestinal fortitude and thought "hey this is wrong..locking me in a bulding after hours is bad".

Now if they would have done waht kenshiro said then it would not have gotten this far.....or the first time it happened they should have sued and rightfully win.....but obviously they accepted it and did not seek legal help, therefore they are just as guilty.

Seriously both the emplyees and walmart are at fault.....walmart for being corporate gold diggers and treating people as they did and the employees for being so outright naive and accepting the practice of locking in employees in after hours.....that's kipnapping...unless they agreed to it...which I didnt not see any criminal lawsuits in the article..so they must have agreed to it...settled



Do you work for your employer without expecting to be paid for your time?

Actually Im on salary....no overtime pay for me


And I enjoy my job very much..on most days

[edit on 24/5/2005 by SportyMB]



posted on May, 24 2005 @ 11:43 AM
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My jets are cool, SportyMB.

You miss an important factor. There's a very large imbalance of power and bargaining position between Wal-Mart's minimum wage employees and management!. These people work for Wal-Mart as "at-will" employees. You rock the boat, you're on the street. Wal-Mart, on the other hand, has an army of lawyers and knows precisely what it is doing. Wal-Mart knows what's it's required to do by state and federal law. Its minimum wage employees are far less sophisticated. So, I disagree that the employees have responsibility for the situation or that they should have done something sooner. Of course, Wal-Mart is also protected by the law which very clearly defines its responsibilities and establishes a statute of limitations upon the employees' claims.


[edit on 5/24/2005 by dubiousone]



posted on May, 24 2005 @ 12:00 PM
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Sporty--Kenshiro said he still works under the old conditions and it seems he likes it--to each his own, but from his own words walmart is still doing business the old way, even though they've had their meetings.

DubiousOne--Good for you. Sporty doesn't understand why his wage rates are so satisfying. Like too many people, he doesn't know wages, which are once again dropping, only increased because of the pressure from unionized workers in the 30,40, 50, and 60's. Management had to keep increasing wages of non-labor employees or salaried workers to keep them, up. Wage increases are now flat and falling because of companies like walmart, and over time,[a decade or so,] even sporty will wonder what happened to his satisfying work environment.

[edit on 24-5-2005 by kazi]



posted on May, 24 2005 @ 12:07 PM
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I'm salary too
so no OT pay for me either... however, I do not work over 40 hours every week and there are a lot more "benefits" I can get by doing my work and keeping cool, staying out of trouble etc...

Early days, extra days off, Golf outtings on company time etc..



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