Wal-Mart Employment Practices
Lieff Cabraser and co-counsel represent separate classes of current and former hourly-paid employees at Wal-Mart in two separate cases in the States of Washington and New York.
Washington State Wal-Mart Wage and Hour Class Action
In December 2008 Wal-Mart Stores, Inc. and attorneys for the plaintiffs jointly reached a settlement of the wage and hour class action against Wal-Mart in Washington, Barnett v. Wal-Mart Stores, Inc. et al.
This settlement provides payment of up to $35 million to a certified class of over 80,000 current and former Wal-Mart associates who worked for Wal-Mart in Washington state since September 10, 1997. Workers in the class who were deprived of meal or rest breaks, or otherwise underpaid, will receive compensation for their hard work. The settlement is subject to approval by the trial court, and the total amount to be paid will depend on the amount of claims that are submitted by class members.
In addition to the monetary relief, Wal-Mart has agreed to continue to use various electronic systems and other measures designed to maintain compliance with its wage and hour policies and applicable law. According to Lieff Cabraser partner Rachel Geman, "Wal-Mart will use new technologies and specific compliance tools to ensure Washington workers are paid fairly on a going-forward basis."
On May 13, 2009, the Court granted preliminary approval to the settlement.
To reach Class Counsel for the Wal-Mart Washington case, or for more information on the settlement details, please visit http://www.walmartwageswa.com.
New York State Wal-Mart Wage and Hour Class Action
In the New York case, the trial court denied class certification. Plaintiffs will appeal this decision.
Wal-Mart's Alleged Misconduct in the New York Lawsuit
The lawsuit in New York charges that Wal-Mart has systematically avoided paying employees their full, earned wages. Wal-Mart provides perverse incentives for managers to lower overhead costs, the largest controllable component of which is employee payroll, by offering financial compensation and bonuses. Managers subsequently under-staff projects and Wal-Mart stores in general.
These efforts force employees to work off-the-clock and through lunch and rest breaks. Managers pressure employees to complete assignments, while refusing to permit employees to stay on-the-clock for the full amount of time it takes to accomplish their duties.
New York Wal-Mart Investigation
We are actively investigating Wal-Mart's practices in New York in order to present further evidence to the courtsTherefore, we would like to hear from current or former Wal-Mart employees in New York about your experiences at Wal-Mart. Please feel free to
contact Lieff Cabraser.
Damages Sought in New York Lawsuit
The lawsuit seek back pay for each hour employees were required to work, including overtime, for which they were not paid. The case in New York is brought on behalf of current and former employees in Wal-Mart and Sam's Club stores who worked on or after August 9, 1995.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP, is a 50-plus attorney law firm with offices in San Francisco, New York and Nashville. Our firm is committed to protecting the rights of employees nationwide to equitable treatment and fair wages. Lieff Cabraser employment attorneys have represented thousands of employees seeking to vindicate their rights in cases involving gender and race discrimination, overtime pay and wage and hour violations, and the mishandling of funds in pension and 401k plans.
We served as counsel in a class action suit against Abercrombie & Fitch, which led to a novel, precedent-setting settlement in 2005. The settlement required the retail clothing giant to pay $40 million to Latino, African-American, Asian-American and female applicants and employees who charged the company with discrimination. In addition, Abercrombie was required to promote diversity among its workforce and to prevent discrimination based on race or gender.
We served as class counsel for approximately 25,000 female employees of,
and applicants for employment with, Home Depot. In 1998, the Court approved
a settlement of the case in which Home Depot agreed to modify its hiring,
promotion and compensation practices, and paid $87.5 million, one of the highest
amounts ever paid in a gender discrimination case.
Lieff Cabraser has obtained lost wages and benefits for employees in overtime pay lawsuits, including the successful representation of employees of Denny's, Carrow's, the advertising firm TMP Worldwide, the California State Automobile Association, as well as several corporations in the computer industry including IBM and Computer Sciences Corporation.
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