The National Advocates
Contact Us    888-491-3885 
 Facebook Google+ Twitter LinkedIn
  • Home
  • Membership
    • Top 100 Membership Directory
    • Top 40 Membership Directory
    • Practice Areas by Specialty
    • Top 100 Officers/EC
    • Top 40 Officers/EC
    • Eligibility
    • Benefits
    • Member Portal
  • Legal Education
  • Networking
  • News
  • Shop
  • About Us
    • Meet Our Team
    • Mission & Goal
    • FAQ
    • Contact Us

Walmart Accused of Overtime Wage Theft

Posted on May 11, 2015 by Keri Skasick

By Heidi Turner

Alameda County, CA: Walmart faces a California overtime lawsuit alleging the company purposely gave assistant store managers the duties of lower-level employees to get around overtime pay laws. The lawsuit alleges the workers were classified as managers to avoid paying overtime, but they did not have any managerial duties or authority.

According to East Bay Express (4/9/15), the lawsuit was filed by Bonnie Cardoza, who alleges she worked as an assistant manager at Walmart for five years. Instead of having managerial tasks, however, she spent much of her time performing duties such as taking inventory, watching the self-checkout area and greeting customers. And although she was performing lower-level duties, because she was classified as managerial, she was not given overtime pay.

The lawsuit alleges Walmart willingly and deceptively misclassified its employees as assistant managers to save money. Cardoza further alleges she and other assistant managers were denied rest and meal breaks.

Although there are managerial exemptions from overtime pay, those exemptions are based on the person’s job duties and not on their job title. If a person has a managerial title but exercises no authority or discretion on the job and regularly performs the duties of an hourly employee, that worker is eligible for overtime pay. To qualify for the administrative exemption, the employee’s regular duties must pass tests that include having discretion or authority over their job.

Walmart has been accused of wage violations before. In 2014, the company was ordered to pay more than $150 million to settle a lawsuit by current and former workers who accused the company of forcing them to work off-the-clock during their breaks. According to Inquirer (12/17/14), in December 2014, the Pennsylvania Supreme Court upheld lower court rulings finding Walmart owed its workers money for being forced to skip breaks.

Approximately 187,000 employees were affected by the settlement. The lawsuit was originally filed in 2002 and alleged employees were forced to work through meal and rest breaks. A lower court found Walmart did not violate meal break laws, but did improperly deny employees pay when they worked during their breaks. In addition to the $151 million in wages and damages, Walmart was ordered to pay $33.8 million in attorney’s fees.

Walmart has said it stands by its timekeeping systems.

The Cardoza lawsuit is case number 4:15-cv-01634.

Posted in Blog, Workers’ Compensation and Employment Law

Comments are closed.

News Categories

Follow Us!

Follow Us on FacebookFollow Us on Google+Follow Us on TwitterFollow Us on LinkedIn

More Legal News

A New Report From the NCAA Shows Wage Gap

A New Report From the NCAA Shows Wage Gap

June 24th, 2022

The number of women competing at the highest level of college athletics continues to rise along with[...]
The FDA Orders Juul to Pull Products

The FDA Orders Juul to Pull Products

June 24th, 2022

U.S. health regulators on Thursday ordered Juul to pull its electronic cigarettes from the market, t[...]
More Than 1,300 Southwest Airlines Join the Picket Line

More Than 1,300 Southwest Airlines Join the Picket Line

June 22nd, 2022

More than 1,300 Southwest Airlines pilots stood on a picket line Tuesday in Dallas, sounding off abo[...]
The Supreme Court Rejects Bayer's Request to Block Roundup Lawsuits

The Supreme Court Rejects Bayer's Request to Block Roundup Lawsuits

June 22nd, 2022

The Supreme Court has rejected Bayer’s appeal to shut down thousands of lawsuits cla[...]
The Human Rights Campaign Sets a New Standard For Companies Listed as 'Best Places to Work for LGBTQ+ Equality'

The Human Rights Campaign Sets a New Standard For Companies Listed as 'Best Places to Work for LGBTQ+ Equality'

June 10th, 2022

The Human Rights Campaign announced Wednesday that companies wishing to keep their title next year o[...]
 
Contact Us | Terms of Use | Privacy Policy