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Wal-Mart gets spankedFollow

#27 Jan 05 2006 at 1:43 PM Rating: Good
BloodwolfeX wrote:
Quote:
You are right SR, we need to destroy the Wallmart. I hear there is a mirror somewhere in the back in the AV section, that if broken, will destroy Wallmart. I leave this mission to you. (Should you decide to leave your chair.)


Smiley: laugh
I think Shadowrelm missed the South Park reference.


I didn't post a 'whoosh' because that's like throwing crab apples at the window lickers. It's fun watching them make those handicapped faces, but it really is just mean since they have no way of defending themselves.
#28 Jan 05 2006 at 1:57 PM Rating: Decent
I think Shadowrelm missed the South Park reference.
----------------------------

or mabe he ignored the referance? as it added nothing to the discussion?

there used to be lively debates here. now, there is a post, then a wave of south park referances finally ending in a discussion about the rating down or up of people on the web site.

mabe this is the evolution of web site forums? mabe this is a fair cross section of american society? mabe. the people in the whitehouse make a good argument to support this theory.

#29 Jan 05 2006 at 2:00 PM Rating: Good
shadowrelm wrote:
I think Shadowrelm missed the South Park reference.
----------------------------

or mabe he ignored the referance? as it added nothing to the discussion?

there used to be lively debates here. now, there is a post, then a wave of south park referances finally ending in a discussion about the rating down or up of people on the web site.

mabe this is the evolution of web site forums? mabe this is a fair cross section of american society? mabe. the people in the whitehouse make a good argument to support this theory.


Heaven knows the world, including this forum, somehow revolve around the US of ***. New topic for debate: How much pie would be required to get SR below filter. My guess - none.
#30 Jan 05 2006 at 2:18 PM Rating: Decent
Heaven knows the world, including this forum, somehow revolve around the US of ***. New topic for debate: How much pie would be required to get SR below filter. My guess - none.
---------------------------------------

how much pie would it take to get shadowrem to give a crap about his rating to begine with?

1 piece.

adn i would care untill it was gone.
#31 Jan 05 2006 at 2:34 PM Rating: Excellent
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This thread is about the second place I've seen a South Park reference in weeks. The other one being Varrus desperately saying "gay cowboys eating pudding" over and over and over and over in hopes someone would finally find him clever for quoting the show.
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#32 Jan 05 2006 at 2:40 PM Rating: Good
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***** you guys I'm going home.
#33 Jan 05 2006 at 8:39 PM Rating: Decent
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Jophiel wrote:
I suppose that perhaps one could argue that (A) is a raw deal but I honestly doubt that Wal-Mart isn't capable of keeping useful accounting records of their employees' hours. I would actually assume that Step One of the case was to subpoena those records as evidence. Of course, I wasn't in the courtroom but that would seem the logical first step towards proving you did or didn't get your lunches and breaks.


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.

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.


Quote:
Quote:
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.


Quote:
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.
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#34 Jan 05 2006 at 8:55 PM Rating: Excellent
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.


Quote:
Quote:
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.


Quote:
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]
#35 Jan 05 2006 at 9:26 PM Rating: Decent
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TStephens wrote:
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.


Lol. Yeah. That is funny.

Um. But was he canned for not clocking in/out for lunch and breaks? Or just when he showed up for shift and when he left?

That's the point I'm making. Unless things have dramatically changed in hourly work since I did it, no one clocks in/out for lunches and/or breaks. Maybe some places do. But most don't bother. You clock in when you start your shift, and you clock out when you leave. Most businesses don't even bother with the whole "unpaid lunch" thing. You take breaks when there's a slow point to take a break, and you grab lunch when you can. If you're gone for an hour or so, you might fudge the clock out time to reflect that, but it's got to be really rare for *anyone* to track exact break and lunch times taken by every employee. It's just not done (and honestly, the cost in overhead of tracking it probably isn't worth the penalties on the off chance someone complained about it).

The reason this is significant is because a big part of Joph's argument was that it's Walmart's responsiblity to make sure that every employee gets a break and a lunch on time and in accordance with the law. However, there's no way for them to prove that they are doing so unless they require everyone to clock in and clock out for those breaks and lunches. If you were to look at the timecards of the hourly employees at 99% of all the businesses in California, they'd likely all have straight 6-8 hour shifts recorded as "clocked in". So technically, every single one of those is in violation of the law. Regardless of whether those employees actually were denied breaks and lunch, legally the timecard shows when you were on the clock and when you weren't, so you could obtain those records, do some math, and show how 116,000 employees were all denied lunch breaks for a 2 year period of time. Whether they actually were or not is irrelevant. The timecard shows them clocked in for X hours straight, so they qualify, right?


That's what my point is. Walmart is getting nailed for a technicality that probably every other business would get nailed for as well. To me, this doesn't show that Walmart is any more "evil" then any other employer. It just shows that Walmart has more determined enemies...
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#36 Jan 06 2006 at 12:02 AM Rating: Excellent
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gbaji wrote:
The reason this is significant is because a big part of Joph's argument was that it's Walmart's responsiblity to make sure that every employee gets a break and a lunch on time and in accordance with the law.
It is. Really, how hard is that to understand. That's what the law requires. One would hope they'd develop policy to make sure they were following the legal requirements for doing work in that state.

Since we're playing the "Gee, where *I* worked..." game, the company I work for now employs several hundred people, most of whom are hourly workers. We have, on site, time sheets and cards for everyone going back ten years. After ten years, we have the records microfiched and stored by some data storage company or another and the paper records are shredded. The comptroller of the company could literally go back to the 60's and tell you when people worked, when they took lunch, etc. You're going to say as a defense that WalMart isn't capable of doing the same? Bullsh[/i]it. No doubt the corporation hires more people but, per store, they can't have much more, if more at all. When I worked chain retail, we punched a clock for breaks and lunches. Breaks on the top half, lunches on the bottom half since lunches weren't paid. Again, the cards were all stored and archived in case they ever needed to prove anything and you [i]had to take your off-time unless you wanted to catch sh[/i]it. When I worked hourly for some insurance outfit, we punched a clock (technically, we swiped a card) and all our breaks and lunches were recorded and stored electronicly. Missing a break or lunch was a punishable offense in that no-nonsense, corporate HR department sort of way. Likewise, my stint in fast food, timesheets from when I worked as a laborer and, of course, all my Master Control timesheets were stored as a matter of FCC record. I've never, ever worked a business in an hourly position that didn't keep permanent records of my comings and goings. And, except for the exceptions I noted the other day, they [i]all had mandatory break/lunch policies.

If no place you ever worked was capable of keeping track or enforcing scheduling, all I can say is you must have worked for some damn incompentant businesses. Likewise, if WalMart isn't capable of keeping track and enforcing their scheduling, they must suck pretty damn hard. You can sit and say "Oh, well ALL businesses do this or that" but I have yet to see that played out in the real world.

Again, WalMart either failed to keep records of when their employees were taking lunches/breaks or else they simply didn't have records because the breaks/lunches weren't happening. You can try to pretend that everyone does it, but that's just you pulling guesses out of your ***.
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Belkira wrote:
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#37 Jan 06 2006 at 12:27 AM Rating: Excellent
Actaully Gabji, Wally does require its employees to clock in and out for meals and breaks. In fact all the retail operations I have been to require people to clock in and out. I have worked in most of the major grocers and a lot of independents, and they all require hourly employees to clock everything.

In fact wally has their system set up so you dont even have to go to a time clock to do so. They can do all their clocking in and out from a telxon.
#38 Jan 06 2006 at 8:24 AM Rating: Good
Well apparently Wal-Mart had some interweb troubles as of this morning. While viewing the Planet of the Apes DVD page you are given an option, something along the lines of "People who bought this, also got this." When you would click on the link the item list was books and videos about Martin Luther King Jr and Black history.

oops.
#39 Jan 06 2006 at 8:47 AM Rating: Excellent
Quote:
That's the point I'm making. Unless things have dramatically changed in hourly work since I did it, no one clocks in/out for lunches and/or breaks. Maybe some places do. But most don't bother. You clock in when you start your shift, and you clock out when you leave. Most businesses don't even bother with the whole "unpaid lunch" thing. You take breaks when there's a slow point to take a break, and you grab lunch when you can. If you're gone for an hour or so, you might fudge the clock out time to reflect that, but it's got to be really rare for *anyone* to track exact break and lunch times taken by every employee. It's just not done (and honestly, the cost in overhead of tracking it probably isn't worth the penalties on the off chance someone complained about it).


You are so full of sh[/b]it Gbaji.

It IS the businesses responsibility to make sure that every hourly employee takes a break and a lunch depending on the length of their shift. Those employees are required to punch in and out for break and lunch so the records are there. These records are audited, and penalties will be incurred if a store is found to not be in compliance with break/lunch rules.

I work for a large retail chain, much similar to Wal Mart, in the IT department. One of the applications I support is our payroll application. I can tell you that it is just "take a break when you have a chance". Breaks are scheduled, as are lunches. Each break and each lunch is started and ended byu punching in and out. Every time. No exceptions. For an 8 hour shift, employees are entilted to two (2) 15 mins breaks, and one (1) 30 mins lunch. Again, these are all recorded in the payroll system, via the employee punching on the clock, well card swipe, or thumbprint whichever version the store may have.

If an employee fails to punch in and out for a break or lunch that was taken, the punches for the employee are edited and the break is inserted. If the employee doesn't have time for a break or lunch, they go home early equal to the time they need to take for break or lunch. It is all logged, backed up, and recorded.

Actually, it's becoming that every ascept of the hourly position is scheduled, which is kind of scary, but anyway.

Gbaji, I may not be smart enough to argue you point for point, but I've got a feeling that 90% of what you say is pure bullsh[b]
it. 90%, yeah, I'm just spitballing here.

Edited, Fri Jan 6 08:49:20 2006 by Frakkor

Edited, Fri Jan 6 08:54:13 2006 by Frakkor
#40 Jan 06 2006 at 9:03 AM Rating: Good
Gurue
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When I worked at Opryland Hotel, they were one of the fanatical ones about making you take a break. We had to have two 15 minute paid breaks and 30-45 minute unpaid lunch break. If we didn't take those breaks, we could be written up or even fired. Only in extreme cases were we allowed to skip (such as the hotel being overbooked and we were too busy).

Opryland had to be like this since it's such a huge hotel and they used to get hit hard by the labor board.
#41 Jan 06 2006 at 9:50 AM Rating: Good
That's the point I'm making. Unless things have dramatically changed in hourly work since I did it, no one clocks in/out for lunches and/or breaks. Maybe some places do. But most don't bother.
------------------------------------------------------------

i have worked for large companies since i was 16, the first being Levitz furniture corperation. i have NEVER worked at an hourly job and not been required to clock out for lunch untill my current job, which does not allow me to leave the premisis for lunch and has the authority to recall me from lunch if needed.

here is the basis for the problem. emploees are an expense. short of slave labor, and it is attemped even today in immigrant labor for farm work, companies want you to work for them till you drop, but do not want to pay you for anything.

the federal government, much to the disdain of the republican party which supports big bussiness, passed laws to prevent large companies from abusing people by forcing them to pay a minimum wage, forcing them to provide meals, and forcing them to abide by maximum work hours without extra compensation.

if large corperations could have things their way, they would not take care of you, they would use you till you droped, sweep you out the door, and bring in the next one and pay you as little as possible to keep people walking in the door looking for work.

if it was legal, they would all be doing it.

it is not legal, so they cut corners where they can. lunch breaks? eat on the job. a perfect example, when i was working for Levitz Furniture, we had 2 part time emploees for every full time emploee in the warehouse. Florida law says that anyone working more than 29 hours a week for three weeks or more in a row are entitled to full time benifits.

so Levitz would work the part timers 40 hours a week for two weeks straight, then send them home on the third week after 28 hours, then start the cycle all over again. it was all perfectly legal. it saved them a ton of money on health care, and other benifits they did not have to provide.

the Federal Government was formed to protect people, not bussiness. half this country has forgotten that. protecting people includes protecting them from big bussiness.

Wal-Mart is a target because they are a really big corperation. there is a chance of a really big settlement from them, as opposed to going after smaller companies doing the same thing. that is why they are in the headlines instead of Sears, K-Mart, Target adn every one else doing the same thing.

if you supported the Rebublican party in their effort to get rid of Government intruding on bussiness, a lunch break would be a perk, not a right, as well as minimum wage.

think about that the next time you are at the polls, you can bet big bussines is. getting rid of your lunch breaks alone would save them thousands of dollars alone.
#42 Jan 06 2006 at 10:01 AM Rating: Good
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NadenuE's Avatar wrote:
Terrible things


Smiley: jawdrop
Smiley: mad
Smiley: flowers
Smiley: cry
Smiley: bah

There you go, all 5 stages of grief in emoticon form. It's so hard to be 6.3



Edited, Fri Jan 6 10:02:26 2006 by xythex
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#43 Jan 06 2006 at 10:06 AM Rating: Good
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Lord xythex wrote:
NadenuE's Avatar wrote:
Terrible things


Smiley: jawdrop
Smiley: mad
Smiley: flowers
Smiley: cry
Smiley: bah

There you go, all 5 stages of grief in emoticon form. It's so hard to be 6.3


Smiley: laugh
#44 Jan 06 2006 at 10:06 AM Rating: Good
god, you are such a dweeb.
#45 Jan 06 2006 at 10:09 AM Rating: Good
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god, you are such a dweeb.


You think I'm a dweeb now? Wait until I spend all lunch singing Mr. Sun
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#46 Jan 06 2006 at 10:12 AM Rating: Good
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Lord xythex wrote:
Quote:
god, you are such a dweeb.


You think I'm a dweeb now? Wait until I spend all lunch singing Mr. Sun


Smiley: mad

Die.
#47 Jan 06 2006 at 10:17 AM Rating: Excellent
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Quote:

Oh Mister Sun, Sun,
Mister Golden Sun,
Please shine down on me

Oh Mister Sun, Sun,
Mister Golden Sun,
Hiding behind a tree...

These little children
Are asking you
To please come out
So we can play with you

Oh Mister Sun, Sun,
Mister Golden Sun,
Please shine down on me!

Oh Mister Sun, Sun,
Mister Golden Sun,
Please shine down on me

Oh Mister Sun, Sun,
Mister Golden Sun,
Hiding behind a tree...

These little children
Are asking you
To please come out
So we can play with you

Oh Mister Sun, Sun,
Mister Golden Sun,
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on...
Please shine down on me!


Smiley: grin
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#48 Jan 06 2006 at 10:18 AM Rating: Excellent
Gurue
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Smiley: banghead Smiley: banghead Smiley: banghead Smiley: banghead
#49 Jan 06 2006 at 10:23 AM Rating: Good
Don't worry Nad...after lunch we will never hear Mr. Sun again.
#50 Jan 06 2006 at 3:37 PM Rating: Good
Tracer Bullet
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Chipping in that Blockbuster is another large, national, retail chain that is extremely **** and meticulous about taking breaks and punching in/out for them.


Not that we needed any more evidence against Gbaji's B.S. in this thread.


#51 Jan 06 2006 at 4:03 PM Rating: Excellent
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Of course, Gbaji will be along to tell us that because when he worked Friday nights at the Grab'n Pay, he never punched a clock for lunch (or even got a lunch), so we may therefore take as fact that all of corporate retail America is run the same way.

Edited, Fri Jan 6 16:04:50 2006 by Jophiel
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