1. #1
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    Default Gimme me a Break!!!

    Walmart Fined for Denying Lunch Breaks
    Dec 23, 2005


    A California jury has ordered Wal-mart to pay 172-million dollars for denying lunch breaks to thousands of its employees. The money goes to 116,000 current and former California employees. The class-action suit is the first of about 40 nationwide to go to trial. A lawyer for the giant retailer says Wal-mart will probably appeal California's decision.
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    Apparently, the labor laws in California state that if you work for 6 hours or more, you are entitled to a half hour unpaid lunch break.

    Wal Mart chose to ignore the law and forced their employee to work straight through without lunch, which, if they let them take an unpaid lunch break would not have cost them a penny.

    Penny wise, dollar foolish!
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    Quote Originally Posted by CaptainGonzo
    Apparently, the labor laws in California state that if you work for 6 hours or more, you are entitled to a half hour unpaid lunch break.

    Wal Mart chose to ignore the law and forced their employee to work straight through without lunch, which, if they let them take an unpaid lunch break would not have cost them a penny.

    Penny wise, dollar foolish!
    Actually, federal labor laws state that anyone who works more than 6 hours MUST take a break. I was also fined for that when people working for me CHOSE to work straight through to get more OT, which I was fine with. Apparently the government doesn't agree.

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    Quote Originally Posted by RadRob
    Actually, federal labor laws state that anyone who works more than 6 hours MUST take a break.
    Really? I guess that doesnt included emergency services, because our county ambulance sevice doesnt give crews breaks for anything, paid or unpaid. And they work 12 hour shifts.

    If you know were I can find that "law" Ill pass it on to their local.
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    so how much lunch break are you entitled too if you work 24 hours???
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    If we are at an incident for 1.5 hours past our normal meal time, , the contract says that the City has to pay for our meals...$4 for breakfast, $6 for lunch and $8 for dinner. We get vouchers that are accepted at many of the local restaurants.

    If we work the night tour OT, we get breakfast and lunch paid for, Work the day tour, get held for OT, dinner is paid for. Work the next day on your regular shift, you also get breakfast and lunch vouchers.

    Work a 24 hour trick... get all 3 meals.
    Last edited by CaptainGonzo; 12-23-2005 at 04:18 PM.
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    And any basic labour laws can be negotiated around for many union jobs, but require the agreement of the employees (or the collective bargaining group).

    I have a similar system with my Emergency Services Dept here at the resort. Our way around fixed breaks is to pay the employee through those periods. Our guys work a 4x10hr shift schedule, with paid lunch breaks. The labour law says nothing about how long they can work paid before breaks, only how long we can work them between regular time off.
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    Give you a break for what?

    Fines add up quick at $6.75 per violation times 116,000 employees. (CA Law: 1 hour pay per skipped 30 minute lunch; $6.75 minimum wage).

    Ok, so there is some dispute whether "punitive" damages can be awarded -- that brings it up to like $20.25.

    So thats what, a parking ticket?

    Wal-Mart is a big enough company...there is no excuse for ignorance of the law.

    This isn't a McDonald's Coffee Cup (which was much reduced, anyways). This is a small fine, for an average of about 80 violations per employee, times 116,000 employees...multiplication adds up!


    ======
    RadRob -- you couldn't have been fined as described.

    There is no federal law requiring meal or rest breaks. There are federal laws regulating how those are counted in regards to overtime.

    Several states, including Nevada, do have laws on it.

    ================
    Actually this is all cover in the Fair Labor Standard Act (FLSA).

    Not.

    http://www.dol.gov/esa/whd/flsa/
    5th answer down on the list.
    Last edited by Dalmatian190; 12-23-2005 at 08:43 PM.

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    WalMart SUCKS! They need to go union!

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    Quote Originally Posted by CALFFBOU
    WalMart SUCKS! They need to go union!
    Heven't you heard the stories of stores that have tried.

    Several times now they have closed a store completely to avoid introducing the union into WalMarts.

    Most store employees are simply too afraid to try now, as the company has proven it's resolve to fight unions to the death.
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    Yeah, I know. Like I said, they still need to go union.

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    WalMart does suck indeed! All BIG corporations that have the mentality that they are above the law because of who they are, or who they contribute to really rub me raw!

    I'm all for WalMart employees sticking it to there company any which way they can.

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    Yeah, I know. Like I said, they still need to go union.
    No doubt. I think some people need to get a little history on why unions were started in the first place. Walmart would work 10 year old girls 80 hours a week if they could get away with it.

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    Dalmation - you are correct, it was a state violation, not federal.

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    Quote Originally Posted by ThNozzleman
    Walmart would work 10 year old girls 80 hours a week if they could get away with it.
    Ummm, not to get to far out of line and start a big arguement here, but do you know where those Walmart goods come from?

    The little girls may not be American, but they are still working 80 hours a week to make your clothes.
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    Quote Originally Posted by mcaldwell
    Ummm, not to get to far out of line and start a big arguement here, but do you know where those Walmart goods come from?

    The little girls may not be American, but they are still working 80 hours a week to make your clothes.
    Never have bought clothing at WalMart, but I understand where your comming from. That's NAFTA for ya, but there again, thats another big can of worms.

    I think the reason unions have went by the wayside over the past couple of decades is because theres people now days that will do the job for .25 cents less than you, and so on, and so forth. No one will band together anymore and stand up and say, were not going to settle for $8.00 an hour. These big companys know that.
    I mean come on, this is the year 2005 and I can't fathom trying to suport a family for $8.00 an hour, but they'll say "it's a fair wage". If it's so fair, why dont they try to live on it.

    I'd better quit on this before I get upset.

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