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DO I HAVE A CASE?

Wal-Mart Wage Lawsuit

The greeters at the doors of Wal-Mart leave me with a positive feeling, because they smile. Not all Wal-Mart employees are smiling.

In 2002, several employees brought suit against Wal-Mart claiming that they were made to work on breaks, and that they did not get paid for those breaks as promised. Basically, a claim for failure to pay wages.

In 2005, these employees were certified as a class action. In 2006, the class went to trial and secured a jury verdict in the amount of $187 million. Wal-Mart appealed but ultimately the Pennsylvania Supreme Court upheld the verdict.

From that opinion, Wal-Mart has taken their appeal to the U.S. Supreme Court. At issue is not whether the employees were improperly joined as a class to bring an action. Wal-Mart had previously been successful in a 2011 case for that reason,  when the Supreme Court struck down the certification  of a class for 1.6 million female employees who had brought suit with a claim for gender discrimination, relating to pay and promotion policies at the stores. (Wal-Mart v. Dukes)

Instead, the basis of appeal for this present wage lawsuit is an attack on the expert testimony at the original trial. According to Wal-Mart’s appeal, the testimony was based on a condensed version of information rather than actual evidence, which caused the expert testimony to be given in error. The argument… that there was no real evidence at trial relating to lost wages since there was no evidence of time-clock records.

At one time, Wal-Mart had used time clocks for employees. Close to the time of the original suit, all stores had ceased requiring time clock  “clock-in” by the employees. As a result, Wal-Mart now argues to the Supreme Court that no claim for loss of wages should exist without specific proof. The case will be heard during this term of Court.

And pic o’ day is more cartoon today:

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