gbaji wrote:
Eh? How many place do though Joph? You list off these "bad things" Walmart is doing, but they are the same things that everyone does. I don't recal *ever* actually clocking out for lunch. Ever. Maybe there are a few places that do that, but not many. For the most part you just say "I'm taking a break/lunch", and you head off. Most places, you clock in when you arrive for your shift and you clock out when you leave at the end of the shift. Which, interestingly enough, might mean you're actually paid for lunch (which by law you're not required to be). More often, you just fudge the numbers to account for the lunch rather then actually clocking in and out for it.
Most hourly jobs these days in places large enough to have actual departments devoted to payroll and time record retention.... they will can you for not clocking out/in properly if you simply can not or will not learn to follow that basic rule. A lady I work with complained to me today that her son got canned from Burger King for working without being clocked in. He'd been warned multiple times, but he didn't take it seriously. She didn't either. Her words were, "It's just Burger King, for Christ's sake." Now, this lady is responsible for retaining our own time records and will rip a supervisor a new one if they let a shift get closed down without making sure everything is in order. I found that to be...ironical.
Overall, I'm sure Walmart was aware of the labor laws in each of its areas of operation. But the truth is, a skipped lunch here and there ain't gonna kill anybody. It's just a calculated business risk and I don't blame Walmart for taking it. There are so many laws on the books, you're always going to be violating something somewhere. That's what they pay lawyers for. Walmart gets sued something like once every 6 minutes.
At least that's how we always did it in the past. Admittedly, I haven't worked hourly for quite some time, so things could have changed. Even the hourly workers at the company I work at don't check in and out for lunch. You fill out a time card at the end of the week and write down your hours (with charge numbers depending on what you were doing with you time). It's the total number of hours mosts people track. Not when you went to lunch.
Again. Show me that Walmart is alone in how they are handling hourly labor and time cards, and you might have a point. So far. I'm just not seeing it.
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I'd be willing to bet that for that first couple years, Walmart wasn't really even aware of the new law, and certainly didn't feel it had to track this for the employees.
Well then, Wal-Mart deserves to be nailed to the wall if a multibillion dollar corporation is too incompetant to pay attention to the friggin' labor laws in the regions where it's conducting business. Really now, what kind of retarded defense is
that? "Wha? You mean you passed laws a couple years ago saying we had to give our workers breaks and lunches? No sh[i][/i]it?"
No. They probably were not aware that someone would sue because they didn't make a point to *prove* that their employees were allowed to take breaks and lunches on time. That's the issue here, right? It's not like 116,000 Walmart employees were asking to take their lunch each day and their managers told them no every day, and those same 116,000 employees then asked for an hours pay instead and their managers denied them that pay for two years straight and finally the employees decided to sue the company.
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Incidentally, the case actually started in 2001 but it took about four years to actually get to the trial stage including permission to conduct it as a class-action lawsuit not forthcoming until 2003. But it's not as if everyone stood around for two or three years before deciding to do anything about it.
Depends on how you define "everyone". A "handful" of former employees started the suit in 2001. It didn't become a class action until 2003. So yeah. I think that 116,000 minus "a handful" is pretty close to "everyone" in this case. It's certainly more correct to assume that in most cases, these employees did not mention or demand that lunch hour pay (and in most cases were probably not aware of the change in law), then to assume that they all did, all demanded pay, and were all told to stuff it.
Every single statement I've seen indicates it went the other way. Employees worked through lunches as needed and when needed because that's what hourly employees do. They didn't demand pay for that because most weren't aware of the law, and probably most didn't care that much about it because they were ok with taking a later lunch or skipping it. In the vast majority of cases, it really was an after the fact thing. Unless you can show otherwise, I'm going to assume that most of those 116,000 employees did *not demand penalty pay for missed lunches until after the class action suit got rolling. It's just far more likely.[/quote]