MINNEAPOLIS, July 1, 2008

Wal-Mart Loses Lawsuit Over Work Breaks

Minnesota Judge Rules Superstore Forced Employees To Work Off The Clock

  • The ruling follows similar judgments against Wal-Mart in Pennsylvania and California. Photo

    The ruling follows similar judgments against Wal-Mart in Pennsylvania and California.  (AP)

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(AP)  A Minnesota judge ruled that Wal-Mart cut short employees' rest and meal breaks and forced them to work off the clock, violating the state's labor laws 2 million times.

The judge's order in the class-action lawsuit against the discount retailer awards the plaintiffs $6.5 million in compensatory damages.

An attorney for the plaintiffs expects Wal-Mart will pay much more than that after a jury in October considers a civil penalties and punitive damages.

Justin Perl, who represented the plaintiffs, says Dakota County Judge Robert King Jr.'s ruling sends a message to Wal-Mart that the company must pay for its mistakes.

The ruling, which was handed to the parties Monday evening, comes after similar judgments against Wal-Mart in Pennsylvania and California. Wal-Mart is appealing those rulings.

Wal-Mart did not immediately comment.

© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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by triplet-man July 1, 2008 12:12 PM PDT
When Walmarts meat cutters (butchers) tried to become UNION members in Oklahoma, Walmart "did away" with their butchers. Meat is shipped from a central processing/packaging plant, and then placed on the shelves. It''s rediculous that they would DUPE good Americans out of good jobs.
Additionally For anyone who likes the "SELF checkouts" Keep in mind that is taking away someone elses job too.
I don''t think this is what Sam Walton had in mind for his America.
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by triplet-man July 1, 2008 12:14 PM PDT
We aren''t doing anyone in America any favors by shopping at Walmart.
They aren''t really trying to do YOU any favors by ignoring labor laws and thinking that the people who work for them "can''t do anything about it" - because they can''t afford an attorney.
Good for these workers and others that are fighting this injustice.
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by noko76 July 1, 2008 12:20 PM PDT
How do I get ahold of Justin Perl? LOL I worked for Pinnacle Corp. and we were constantly screwed out of our breaks. In fact, they deducted the half hour out of our checks in spite of the fact that we did not get our lunch break. We worked 8 1/2 hrs. but only received pay for 8 because they automatically deducted the half hour out of our checks. There were many nights I sat in dispatch for 8 1/2 hrs. without so much as a bathroom break. Lots of people get screwed in their workplace. With all the casinos Pinnacle owns I know they can afford to let their employees have their breaks. The excuse to us always was, "we are too understaffed, there is no one available to give you a break." Big corporations suck. They only look out for themselves.
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by gkc99 July 1, 2008 12:21 PM PDT
Another concern is the complicity of state and local government agencies is Walmart''s abusive policies. Walmart doesn''t like to pay unemployment insurance, but also doesn''t like any employees whose seniority is such they might have to be paid as high as $10/hr. So Walmart arranges to have such people terminated for cause, so unemployment can be denied. Local administrative law judges play along, giving all the benefit of the doubt to falsified Walmart testimony in administrative hearings over denial of unemployment compensation.

The Oregon Dept. of Labor is a key case in point. While Oregonians complain mightily about Walmart, their bureaucrats help Walmart abuse employees.
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by whatsup49 July 1, 2008 12:28 PM PDT
in some states, breaks are not considered a "right" for wokers, meaning an employer does not have to give you a break. and lunch breaks are only mandated if employees work at least 5 hours.
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by a8151947 July 1, 2008 12:46 PM PDT
I see all the attorney are out today. Only thing is, that all that counts is the Judge told the no good compane to pay up. For you that think he is wrong, go to work and don''t take breaks and don''t take your lunch and work off the clock. I know some companies that will let you work for them. If you can work with no breaks and no lunch. PM PM
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by mark46n July 1, 2008 1:25 PM PDT
You know what always amazes me is everyone I talk too simply does not like Walmart because of the way they treat their employees but every time I go by a Walmart the parking lots are always full and these same people are still shopping at Wally World. People need to quit being hypocritical and start shopping at K-Mart or Walmart''s other competitors again. I''m on my way to K-Mart.
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by whitemale08 July 1, 2008 1:28 PM PDT
Back in the 70''s

workers worked from 9 to 5 with an hour lunch paid.

Lunch soon was cut back to 1/2 hour unpaid lunch to now 20min unpaid.

Breaks went from paid 15min in the morning and 15min in the afternoon.

This when we had better economic conditions under an unfair demonization of the Carter Administration.

Reagan comes in and changes all of that and introduces the NEW WORLD ORDER Globization con that busted up unions and sent Americans into a race for the bottom that ends in Serfdom.

Thanks Ronny.
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by moneybags77 July 1, 2008 2:07 PM PDT
Shut up you liberals. I would shop at Walmart but am afraid that my rich neighbors would think I am poor and gossip about it.
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by fstop100 July 1, 2008 2:10 PM PDT
Walmart is an enemy of Americans

They offer shoddy Chinese products and refuse to pay decent wages.

What happened to supporting the country you live in?
Reply to this comment
by triplet-man July 1, 2008 2:23 PM PDT
When you only work a 40 hr week and anything OVER that is overtime i.e. more money.

Thank a UNION member.
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by enriquecaliente July 1, 2008 4:32 PM PDT
Every-time a Corporation talks about shareholder value, the cut the work force, close down branches, cut pay raises. But if you look closely you Will see that that the only share holders who got any value were all of Senior Management and above. Bonuses up the kazoo, and pay increases. Bin Laden is not our enemy, the Corporations are. The need to get rid of the middle class. We''re a thorn in their side. The want only two classes. Themselves, the Rich and the poor. Oh and those who are willing to bend over and lick their boots while taking it up the a$$. First they moved all of our factories out, to Japan. When that got too expensive, they moved them to Korea and Mexico. China and India are now the place to move American jobs to. When they become too expensive, they will move them to Africa. And when they become too expensive, they will move them back here. Because by that time, we''ll be living in huts.
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by triplet-man July 1, 2008 5:20 PM PDT
The "theory" is - INSTEAD of a Trickle Down economy (where the poor and middle class get whatever happens to fall out of the RICH pockets - I.E. Trickled ON)

Why don''t we try trickle UP? Where the American worker has a good job good wages and puts that money back into the economy - Like cars, boats, houses, trips - ya know? FEEDS the industries that allows the Rich to get money that way? Trickle UP ?

Instead of the MEGA rich having "extravagant" boats, cars, houses and lives WE WOULD ALL benefit and have better lives.

So let''s fight for better wages - take Walmart to court EVERY time there is injustice. Or any other corporation who steals from the poor to fill their pockets.
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by triplet-man July 1, 2008 5:23 PM PDT
DaVicar2 - Hello?

As for Wally Mart paying employees NOT to work Read the article again. They were working OFF the clock (NO PAY) for the rich to get richer.

Now if you want to work for free Go for it. But I don''t.
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by timdgrim July 1, 2008 5:41 PM PDT
Sam Walton would have never run WalMart like his kids do. He probably wouldn''t even want to be associated with it today. It should be called GLIB-Mart (Greedy Little Inheriting Bas**rds!)
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by caldwellptr July 1, 2008 5:55 PM PDT
As Leona Helmsley would have said, "Only the little people shop at Wal-mart."
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by Marie Zarankevich July 1, 2008 6:02 PM PDT
What you are all describing is called slavery. -- Any work setting that disregards your human needs, safety, or necessary comfort is abusive, and should not be acceptable according to the work standards of the Labor Department of your state. -- Some of the conditions described are probably already breaking some laws, and should be investigated. -- The labor laws were made to protect people from abusive employers. -- Check with your Labor Dept..
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by roach9703 July 1, 2008 6:05 PM PDT
Walmart sells better products and services than most retailers. I find that Wal-Mart is more honest than most business. However, they must fix their labor problems. This is INEXCUSABLE. Forcing peole to work off the the clock is also a great way to hike your workmen''s compensation insurance costs as well,not very bright people! We the people have to do our best to make sure that corporations obey labor law. Wal-Mart is providing good evidence for the need for collective bargaining. Better internal auditing of labor practices is neeed or else Wal-Mart will find itself in much more serious trouble.
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by vortex1001 July 1, 2008 6:31 PM PDT
Wl Mart sells *** which is appropriate seeing as the people shopping there are trash
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by kansas1946 July 1, 2008 6:32 PM PDT
Unfortunately, when government tried to make the business climate more friendly to businesses, after the decades of abuses and greediness of the unions, the businesses became greedy and abusive to their employees. Listen up, busninesses. Employees are an asset and should be treated as such. Happy employees make for better business. You can put that in the bank. Employees need breaks, vacations, health care, and dignity. If you don''t step up on your own, the government will step up for you.
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by triplet-man July 1, 2008 6:45 PM PDT
kansas1946 So you think that the "working persons" don''t deserve a fair wage, benefits, retirement, breaks, working conditions, SAFETY, etc etc in the workplace.
My experience with my union has encompassed THESE things that are important to me and the STRENGTH of middle class America The strength of this country was built on the suffering of the union members before us.
THEY are the ones who WON us the 40 hr work week. Overtime pay. On and on. If it were not for the GROUPS of people (formed into work Unions) we may not have these privilages today.
Let us not forget where we came from. To see where we are headed.
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by triplet-man July 1, 2008 6:46 PM PDT
The government WILL NOT step up for you They will only "react" to the will of the masses that have the ability to AFFECT them.
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by triplet-man July 1, 2008 6:51 PM PDT
Or Instead of relying on the GOVERNMENT to fix things for ya why not join a union, comprised of members that are truely there for YOU.
Red tape encumbers most all forms of govt.
It only takes a 51% majority of the workforce in ANY buisness to become signatory to a union then ALL of the workers are represented.
It''s as simple as a majority signing up. The buisness is bound by labor laws to NOT dispute or discriminate against this action. Their ONLY choice to avoid it is to CLOSE down their buisness for at least 12 months.
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by noloyalisti July 1, 2008 8:41 PM PDT
What Wal-Mart doesn''t make enough money from us allowing them to profit from our the commons people own?

Actually if you shop there you are a communist appeaser since most of their cheap plastic stuff in made in China. Typical right wing corporation, bottom line is everything!
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by livingonless July 2, 2008 6:50 AM PDT
I do not buy much at WalMart.I do not wish to work there.Prices of what I used to buy there have gone up..I have heard about how the treat people who used to work there. It used to be a made In America store. What happened to that.
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by July 2, 2008 7:43 AM PDT
I do EVERYTHING in my power to not shop there. thank goodness for other discount stores. For those that have no other choice but to shop there, i feel for ya. they are some the most greediest, selfserving people around.
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by crazycwp July 2, 2008 9:51 AM PDT
It''s time to bring the unions back and do away with the right to work laws. The us labor dept. is supposed to protect us but the people incharge of that are the same ones who own the corporations who want to screw us out of our benefits. Regulate trucking again and let the truck driver make a living again.
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by ianlou July 2, 2008 10:05 AM PDT
in some states, breaks are not considered a "right" for wokers, meaning an employer does not have to give you a break. and lunch breaks are only mandated if employees work at least 5 hours.
Posted by whatsup49

Yeah? and in some mid-east countries women are punished for allowing themselves to get Raped.

Whats your point?

Do you believe if some states are allowed to abuse their employees, all states should be allowed?

If so, you are a greedy putz.
Reply to this comment
by July 2, 2008 10:16 AM PDT
dear ianlou,
there are rules that are called "laws" and some of them are called "federal", and it just so happens this one is called the "fair wage act". If you work at a place, they put this sign up in a "breakroom" so you can "sue" ppl like walmart for voilating them.
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by July 2, 2008 10:17 AM PDT
sorry ianlou, wrong person (my bad)
Reply to this comment
by July 2, 2008 10:33 AM PDT
Shut up you liberals. I would shop at Walmart but am afraid that my rich neighbors would think I am poor and gossip about it.

Posted by moneybags77

so you''d rather have ppl not talking about you than fair pay and worker rights? wow. i bet your mortage is 4000.00 a month and one day you''ll be so broke i''ll see you at wally world as a greeter
Reply to this comment
by triplet-man July 2, 2008 11:38 AM PDT
Dear jerriemc23

there are rules that are called "laws" and some of them are called "federal", and it just so happens this one is called the "fair wage act". If you work at a place, they put this sign up in a "breakroom" so you can "sue" ppl like walmart for voilating them.


PROBLEM IS... when you are working at Walmart you probably can''t AFFORD the justice that you deserve because you can''t hire an attorney. The only attorneys that will take cases like this are the "class action" lawsuits Where they can make a BUNCH of money. Individual lawsuits they won''t even mess with.
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by triplet-man July 2, 2008 11:42 AM PDT
crazycwp

It''''s time to bring the unions back and do away with the right to work laws. The us labor dept. is supposed to protect us but the people incharge of that are the same ones who own the corporations who want to screw us out of our benefits. Regulate trucking again and let the truck driver make a living again.


Exactly RIGHT! Why does it take a LAW suit in court to straighten out something that the LABOR dept is "protecting" workers from??
Reply to this comment
by July 2, 2008 11:48 AM PDT
triplet-man: sad but true friend, sad but true. welcome to the united states of corp. america
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by July 2, 2008 11:48 AM PDT
triplet-man: sad but true friend, sad but true. welcome to the united states of corp. america
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by noloyalisti July 2, 2008 3:26 PM PDT
Wal-Mart shoppers = communist sympathizers.
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by July 2, 2008 3:36 PM PDT
"hi welcome to commiemart"
dangerous foods isle 10, poisonus toys isle 13, no need for federal laws, cust service desk
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by cheetah-man7 July 3, 2008 3:08 PM PDT
Shut up you liberals. I would shop at Walmart but am afraid that my rich neighbors would think I am poor and gossip about it.

Posted by moneybags77


Assuming you have money (and that is a big assumption) you clearly do not have the class that goes along with money and power - only the ''wannabe'' attitude of the poor or neuvo-riche. Your name alone tells us all that! Sophisticated people of money do not brag about their assets nor show off their wealth. P.S. There are many millionaires who shop at WalMart on a regular basis.
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