AP/ February 11, 2009, 5:52 PM

Wal-Mart Hit With $78M Fine

Wal-Mart must pay at least $78 million for violating Pennsylvania state labor laws by forcing employees to work through rest breaks and off the clock, a jury decided Friday.

Michael Donovan, a lawyer for the plaintiffs, had asked the jury for at least that amount in compensatory damages for what he said were missed or shortened breaks, or time employees worked off the clock.

He will now seek an additional $62 million in damages because the jury found that Wal-Mart acted in bad faith. Common Pleas Court Judge Mark Bernstein is expected to rule on that issue later.

The class-action suit involves 187,000 current and former employees who worked at Wal-Mart and Sam's Clubs in Pennsylvania from March 1998 through May of this year. The jury found Thursday that the nation's biggest retailer violated state labor laws.

Wal-Mart attorney Neil S. Manne said the company plans to appeal both the class certification and the jury's findings.

"It will be a very broad ranging appeal," said Manne.

Lead plaintiff Dolores Hummel, who worked at a Sam's Club in Reading from 1992-2002, charged in her suit that she had to work through breaks and after quitting time to meet work demands in the bakery. She said she worked eight to 12 unpaid hours a month, on average, to meet work demands.

After the jury ruled on Friday, Hummel said the lawsuit was necessary "to show how we were treated working at Wal-Mart — working off the clock and not getting paid."

The plaintiffs used electronic evidence, such as systems that show when employees are signed on to cash registers and other machines, to help win class certification during several days of hearings last year.

Wal-Mart had a corporate policy that gives hourly employees in Pennsylvania one paid 15-minute break during a shift of at least three hours and two such breaks, plus an unpaid 30-minute meal break, on a shift of at least six hours.
© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
13 Comments Add a Comment
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biermang says:
Wal-mart in Penn. is not the only business in this country breaking labor laws. It's going on in every state and primarily in industry. D. Hummel "You go girl"!!!!!!
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angryliberal-2009 says:
The democrats are celebrating. What a victory! We all know that Wal-Mart is one of their top ten enemies of America!
The democrats axis of Evil.

1. George Bush
2. America
3. Global Warming
4. Christians
5. Wal-Mart
6. Judeo-Christian ethics
7. Republicans
8. America's Allies
9. Fetuses
10. Rush Limbaugh and talk radio
11. Joe Lieberman
12. Low taxes
13. Capitalism
14. Self sufficiency
15. Fox News
16. Taking positions on tough issues
17. Marriage
18. Home Schooling
19. Old People
20. logic
21. God
22. Religion
23. Freedom of Speech
24. Freedom of the Press
25. Anyone who opposes their views and gives logical reasons for it
26. Rick Santorum
27. ABC
27. The Army





100,236,654,934. Terrorism and Fascism
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angryliberal-2009 says:
The democrats are celebrating. What a victory! We all know that Wal-Mart is one of their top ten enemies of America!
The democrats axis of Evil.

1. George Bush
2. Global Warming
3. Christians
4. Judeo-Christian ethics
5. Republicans
6. America's Allies
7. Fetuses
8. Rush Limbaugh and talk radio
9. Joe Lieberman
10. Low taxes
11. Capitalism
12. Self sufficiency
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angryliberal-2009 says:
1. George Bush
2. America
3. Global Warming
4. Christians
5. Wal-Mart
6. Judeo-Christian ethics
7. Republicans
8. America's Allies
9. Fetuses
10. Rush Limbaugh and talk radio
11. Joe Lieberman
12. Low taxes
13. Capitalism
14. Self sufficiency
15. Fox News
16. Taking positions on tough issues
17. Marriage
18. Home Schooling
19. Old People
20. logic
21. God
22. Religion
23. Freedom of Speech
24. Freedom of the Press
25. Anyone who opposes their views and gives logical reasons for it
26. Rick Santorum
27. ABC
27. The Army





100,236,654,934. Terrorism and Facism
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DeanBuzzell says:
And I quote:
"...but 78 million dollars, don't make me laugh. That is exactly the sort of thing that is ruining our country. You can sum it up with a five letter word--------GREED"

Whose greed you talking about? The employees who were forced to work off the clock and certainly make less than $10 an hour? Or were you thinking about the multi-billion dollar conglomerate that forced them to work off the clock; the same one that got caught a few years ago paying illegal aliens about $0.25 an hour to clean the stores?

If you've never worked for Wal-Mart, it's hard to imagine the abuse this retailer shovels out on it's workforce every day. I HAVE worked for them, so it's hard for me to imagine anyone defending them for ripping off their workforce...AGAIN. I think if you spent a week or two as one of their associates you may change your mind a bit...
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DeanBuzzell says:
Soon we'll all be living in the residential section at Wal-Mart
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louin0 says:
I think the 78 million dollar lawsuit of Walmart is ridiculous. I understand that, according to the employees, Walmart did not do them right and Walmart should be dealt with, but 78 million dollars, don't make me laugh. That is exactly the sort of thing that is ruining our country. You can sum it up with a five letter word--------GREED.
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louin0 says:
I think the 78 million dollar lawsuit of Walmart is ridiculous. I understand that, according to the employees, Walmart did not do them right and Walmart should be dealt with, but 78 million dollars, don't make me laugh. That is exactly the sort of thing that is ruining our country. You can sum it up with a five letter word--------GREED.
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linfinster says:
Yeah, that happens here in Maine too ...
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pendragon679 says:
While this represents a victory in an on-going fight against the "Wal-Mart-ization" of America, I fear this is far too little, too late. Wal-Mart's high-priced attorneys will appeal this ad nauseum and virtually guarantee that nobody gets a cent of what they're due in this case. When will America wake up and demand that this monstrosity be brought down?
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