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40 Inverness Drive East
Denver, CO 80112
Phone: 303.792.5595
Fax: 303.708.0527
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News Briefs
Burg Simpson's Ohio Office Has Obtained Class Certification on Behalf of all Hourly Employees of Wal-Mart Stores in the State of Kentucky
Burg Simpson's Ohio office has obtained class certification on behalf of all hourly employees of Wal-Mart Stores (including Wal-Mart Stores, Supercenters and Sam's Clubs) in the State of Kentucky. Members of the class are current and former hourly employees who, contrary to company policy and by law, failed to receive earned rest and meal breaks anytime during the period beginning August 30, 1996 to November 21, 2006.
Under Wal-Mart's Break and Meal Period policy, it is states that "Associates (hourly employees) will be provided meal breaks." Hourly employees earn breaks based on the duration of their shift. For shifts that are 3 to 6 hours, employees are told they are entitled to one paid fifteen minute break. For shifts that are over 6 hours, associates are entitled to two paid fifteen minute breaks and are entitled to at least a thirty minute meal break, which is unpaid and can be extended up to one hour with the supervisor's approval. Wal-Mart's own President, Thomas Coughlin, stated at a 2001 company-wide management meeting, and in a memo circulated thereafter to all stores, that the break and meal period policies are "non-negotiable" and "the LAW."
The expert report of Dr. L. Scott Baggett has been submitted by the Plaintiffs to establish that Wal-Mart's own time records can be used to provide evidence of when associates were denied complete rest and meal breaks. Dr. Baggett conducted an analysis of Wal-Mart's time records and concluded that 92.3% of Wal-Mart associates in Kentucky were systematically denied or shorted breaks and meal periods in any given two week pay period. His conclusions are supported by Wal-Mart's own 2000 audit (the "Shipley Audit") which used similar methodology, and came to almost the same conclusions.
The Kentucky ruling certifying the class action comes just one month after a Pennsylvania jury returned a $78.5 million verdict in favor of a class of current or former employees of Wal-Mart Stores, Inc., in the state of Pennsylvania who were forced to miss rest breaks and worked off the clock without compensation. Wal-Mart has publicly stated that it plans to appeal the jury verdict.
If you believe you may be a class member or have any questions about the class action ruling, please contact Melanie Bailey at Burg Simpson's Cincinnati office at 800-713-9340 or mbailey@burgsimpson.com.
