Wal-Mart was created in 1962 by Sam Walton. It is the largest retailer in the world, one of the largest companies in the world and it is the largest private employer in the United States, Mexico and Canada. In 2005 Wal-Mart reported a net income of US $10.3 billion and it holds an 8.9 percent retail store market share. Wal-Mart is under attack from several employee groups.
For instance, there is a widely publicized Wal Mart discrimination lawsuit pending against Wal-Mart and Sam’s Club that was filed by thousands of female employees over alleged denial of advancement, denial of equal pay, and a denial of promotions and raises based on the fact that they were women. This class action suit involves female employees who have been employed by Wal-Mart since December of 1998 and it seeks redress and compensation based on loss of pay and other compensatory damages.
There are a number of other Wal Mart class action lawsuits pending over unpaid overtime as well. Alleged in the current Wal Mart class action lawsuits are that the retail giant has offered deliberate incentive to management employees to consistently under-staff Wal-Mart stores and to pressures employees to complete assignments “off the clock.” In many instances, employees are allegedly forced to work through prescribed breaks, lunch hours and after closing hours although they are not being paid. The suits also allege that Wal-Mart and its management deny pay through meal and mandatory rest breaks and for overtime. Finally, employees allege and accuse Wal-Mart of keeping employees locked in Wal-Mart stores after closing and that employees were required to remain there after “clocking out” until store managers have visited and approved of the condition of every department.
The Wal Mart lawsuits have sought back pay for the hours during which employees were required to work and required to punch out. This includes overtime and meal breaks that were unpaid as well. The cases in New York and Washington are brought on behalf of current and former employees in Wal-Mart and Sam's Club stores who have been consistently underpaid and overworked by the national retailer. In fact, an audit in July 2000 of 128 individual Wal-Mart stores found that 127 out of 128 were out of compliance with “company policies” over break time. In 127 stores the employees were not being given and were not taking sufficient breaks. The internal Wal-Mart audit also found that Wal-Mart workers nationwide didn’t take prescribed breaks over 75,000 times in a one-week period.
In October 2004, the Washington lawsuit against Wal-Mart was certified as a class action and included over 40,000 current and former employees. In 2006, lawyers who are now dealing with lawsuits for up to a million former and current employees of Wal-Mart sought to consolidate the actions in a Florida court. The lawsuits, which began with 40,000 employees in Washington have now ballooned and continue to mount.
If you have been overworked and underpaid by Wal-Mart you may be entitled to back pay compensation from any of these Wal Mart class action lawsuits. You should contact a class action attorney as soon as possible to identify the appropriate next steps.