Wal-Mart Wage and Hour Lawsuit in Minnesota to Settle for $54 Million

A class action lawsuit filed on behalf of Wal-Mart workers in Minnesota will settle for $54.3 million, including back pay for requiring hourly employees to work off-the clock and payments for other violations of the state’s wage and hour laws.

The settlement was reached after Dakota County Judge Robert King Jr. ruled this summer that Wal-Mart had broken the state’s wage-and-hour labor laws over 2 million times, requiring the discount retailer to pay compensation to about 100,000 current and former employees who worked at any Wal-Mart or Sam’s Club store in Minnesota.

Employees who worked for the company between September 11, 1998 and November 14, 2008 are covered by the settlement.

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The Walmart wage and hour class action lawsuit alleged that hourly employees were required to work off-the-clock during training sessions and that they were denied full rest and meal breaks as required by labor laws.

According to Bloomberg News, Wal-Mart has faced at least 70 similar wage law lawsuits involving similar accusations of unpaid work, rest breaks and meal breaks. In 2006, a jury awarded $78 million in Pennsylvania and in 2005, a verdict of $172 million was returned in California.

Judge King declared that Wal-Mart’s failure to properly compensate employees in Minnesota was willful, as the company knew about the wage and hour violations and failed to correct the problem.

Wage and hour lawsuits are typically filed on behalf of large groups of plaintiffs who are able to join together to seek unpaid wages or overtime.

Cases often involve issues with off-the-clock work, unpaid on-duty meals, denied reimbursements, tip pooling, miscalculation of commissions and bonuses or misclassification of employees as independent contractors.

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26 Comments

  • elizabethMarch 26, 2013 at 2:46 am

    I had a solid evaluation in October 2012. Then last Tuesday our fresh area asst mgr called me to the office for a 6 month "re-eval". She stated that my October eval was not good and I had only 2 weeks tobring everything to solid or I was fired. She kept repeating that my department manager complained about my attendance and timelines and productivity and attitude daily. If we had problems, I would[Show More]I had a solid evaluation in October 2012. Then last Tuesday our fresh area asst mgr called me to the office for a 6 month "re-eval". She stated that my October eval was not good and I had only 2 weeks tobring everything to solid or I was fired. She kept repeating that my department manager complained about my attendance and timelines and productivity and attitude daily. If we had problems, I would have been confronted immediately by my mgr not passed off to an asst mgr that everyone knows does not like or respect anyone in our department. There is no such thing as a "re-eval". The following day she told me our store manager fixed my issues to solid or I would have been let go that morning. Our store manager was on vacation and knew nothing about this. And, the asst mgr also waited until the other assistant managers left the ad office before saying this. This is a continuing line of abuse and harassement I have suffered from her for months. I'm stepping into action to resolve, one way or another. She is equally abusive and lies about other associates.

  • MarshaMay 31, 2012 at 3:00 am

    I do now work for Wal-mart, Have been there for 3 years. I have had to reduce my overtime by taking longer lunches. If we don't reduce it we are coached. And everyone who has ever worked for them knows that if you don't sign a coaching you will be terminated. Just recently I was coached by an Assistant Manager that told me to go sweep the parking lot ( I am a cashier) and I told him NO because I w[Show More]I do now work for Wal-mart, Have been there for 3 years. I have had to reduce my overtime by taking longer lunches. If we don't reduce it we are coached. And everyone who has ever worked for them knows that if you don't sign a coaching you will be terminated. Just recently I was coached by an Assistant Manager that told me to go sweep the parking lot ( I am a cashier) and I told him NO because I was not dressed for the weather it was 30 degrees outside and the wind was blowing at 25-30 mph. Making the wind chill factor close to zero. At the time of the coaching he also informed me that he would see to it that I am never promoted because he doesn't like me. There was one of my CSM's in the room at the time this conversation took place. Wal-mart has some very serious problems with management. And how things are ran. We are given unrealistic tasks.

  • AshleySeptember 8, 2011 at 3:50 pm

    I was an Employee at Wal-mart in apple valley MN and Work there in 06 to 07 and I was mistreated and never got to take any of my breaks and also they would try and make me punch out for my 15 min breaks! I was an overnight stocker and they would stick me in a department all bymyself and told me that I didnt need help and that I could do it all alone...Well, I ended up hurting my back made a claim [Show More]I was an Employee at Wal-mart in apple valley MN and Work there in 06 to 07 and I was mistreated and never got to take any of my breaks and also they would try and make me punch out for my 15 min breaks! I was an overnight stocker and they would stick me in a department all bymyself and told me that I didnt need help and that I could do it all alone...Well, I ended up hurting my back made a claim and nothing was done! I was out of work with doctor notes and they wouldnt accept any of my doc notes nor let me use my vacation or sick pay, instead they said I had too many absences and brought me in the office and fired me! I also filled out the paper for this settlement and still from this day havent recieved anything, but everyone else I know did?? Walmart sucks and dont know how to treat their employee's they have turn overs like no tomorrow!!!!! VERY DISSAPOINTED!

  • JodyMarch 29, 2011 at 8:10 pm

    I worked for wal-mart in fridley, mn. and was forced to work until the cash register kicked me off, and then signed in under someone elses numbers to keep registering, and on several occaisons did not get my lunch break until 6.5 hours into my 7.5 hour shift, i did sign up for the law-suit, but never received any compensation as of today march 29, 2011 and that was back in 2005 and 2006 I worked[Show More]I worked for wal-mart in fridley, mn. and was forced to work until the cash register kicked me off, and then signed in under someone elses numbers to keep registering, and on several occaisons did not get my lunch break until 6.5 hours into my 7.5 hour shift, i did sign up for the law-suit, but never received any compensation as of today march 29, 2011 and that was back in 2005 and 2006 I worked their. Not to mention i was injured on the job, put on weight restrictions, and management tried to force me into breaking those weight restrictions, when i refused they found reasons to get rid of me. Wal-Mart is as bad as SATAN himself!!!!!!!!!!!! DO NOT WORK FOR THEM, THEY WILL TREAT YOU LIKE CRAP!!!!!!! I ENDED UP SUING THEM TO GET THEM TO PAY MY MEDICAL BILLS, THEN DID NOT GET MUCH OF A SETTLEMENT EITHER, AND STILL SUFFERING FROM MY INJURY!!!

  • jeromeFebruary 4, 2011 at 4:44 pm

    I worked for walmart a few years ago i was new to the company i worked long hours and most of it was off the clock. the supervisor came to us after we clocked out and told us to help him and he would sign our time sheet for the hours we worked. he never did

  • SueJanuary 3, 2011 at 5:58 am

    I work for walmart as a support mgr. I have been the support for 2 years before they got another one, and when they hired him he was brand new right off the street (19yr) he told me how much he is getting paid which is 2.50 more than I make an hour. This really makes me mad. Makes me think its just because he is a male. I have went out of my way to help out in anyway needed but not any more. I re[Show More]I work for walmart as a support mgr. I have been the support for 2 years before they got another one, and when they hired him he was brand new right off the street (19yr) he told me how much he is getting paid which is 2.50 more than I make an hour. This really makes me mad. Makes me think its just because he is a male. I have went out of my way to help out in anyway needed but not any more. I really don't like working at walmart but I need the job right now.

  • BrianDecember 12, 2010 at 9:58 pm

    I to this date have not seen any compusation in regards to not being able to take brakes. Are things taking the snail pace for being compusated for this? I submited the paperwork but nothing came through in the mail?

  • BrianJuly 27, 2010 at 1:03 pm

    I was also a former employee of Wal-mart but I have not seen any payment for my missed brakes. The last time I worked for Wal-mart, I called in due to I was ill and had a temp of 103. The Customer service manager insisted for me to come in. I quit right then and there over the phone. What customer service huh.

  • jamesMay 26, 2010 at 12:15 pm

    i was an unloader and i started in march of 2003 and worked through may of 2006.i was a full time employee and worked every time i was asked.i missed many breaks i worked during my lunch many times and was doing the ics team leaders job as well as my own.at the end of the night we had to clear the lot of buggys and after i clocked outif the manager seen me walking out the door i would have to h[Show More]i was an unloader and i started in march of 2003 and worked through may of 2006.i was a full time employee and worked every time i was asked.i missed many breaks i worked during my lunch many times and was doing the ics team leaders job as well as my own.at the end of the night we had to clear the lot of buggys and after i clocked outif the manager seen me walking out the door i would have to help them stock.well i am hard headed and they fired me 1 wee later they begged me to come back then i quit

  • JamettaJanuary 28, 2010 at 1:06 pm

    This was going on long before 98 good thing somone finally took a stand it happen to me when i worked for walmart before 98 , this happens more often then one would like to like , but people cant afford to just walk off a job

  • KouJanuary 26, 2010 at 9:26 pm

    I was a supervisor for Walmart, I barely took breaks because there was never anyone to cover my department. I was often told to never leave my department without coverage, and with that my associates didn't get there breaks also. Whenever I was in there shopping I often had to help out because no one was around, so I had to work off the clock. Numerous times I didn't even take a lunch and a manage[Show More]I was a supervisor for Walmart, I barely took breaks because there was never anyone to cover my department. I was often told to never leave my department without coverage, and with that my associates didn't get there breaks also. Whenever I was in there shopping I often had to help out because no one was around, so I had to work off the clock. Numerous times I didn't even take a lunch and a manager told me they would clock me out for lunch manually. They make millions so I guess they can pay. Glad I quit there, can't believe there are sill people there thinking that it such a great to work for, open your eyes walmart workers they don't care about you.

  • jasonJanuary 9, 2010 at 6:54 am

    I worked for tle in 98 it was totally a joke I didn't even know what a break was. In smyrna we went through like 5 tle managers in 4 months and it was like the blind leading the blind. I quit becase I was thirsty so I walked to the breakroom to get a soda and they were out of diet dp so I walked to the front of the store and bought on from the registers. Stuck the receipt in my jacket pocket and w[Show More]I worked for tle in 98 it was totally a joke I didn't even know what a break was. In smyrna we went through like 5 tle managers in 4 months and it was like the blind leading the blind. I quit becase I was thirsty so I walked to the breakroom to get a soda and they were out of diet dp so I walked to the front of the store and bought on from the registers. Stuck the receipt in my jacket pocket and walked back to tle. About 15 mins of working the store manager came and got me and asked me if I would come with him. So I grabbed my dp and followed him to the back room. Waiting on me was a cop and the "secret shopper". They proceeded to tell me that I stole a drink from the front of the store. And then got mad cause I laughed at them. So I told them I had the receipt in my coat pocket if I could go get it. So they sent the cop with me to the tle department and when I returned to the security office with the receipt that was the correct date and time they were still pissed cause I waisted there time. So I told them that well I see that you are going to act like children and not apologize so I'm out. C-ya and clocked out and quit. That place is a joke.

  • estherDecember 3, 2009 at 6:57 pm

    I worked fro walmart from 2002 to 2003. i started out as a cashier nd then became a csm. before i became a csm they put all cashiers in different groups and gave each to groups a csm to be a leader.They would make us go to team meetings during our lunch break and we were told we needed to clock out first. when i becamme a csm i told all my cashiers not to clock out for meetings and when they didnt[Show More]I worked fro walmart from 2002 to 2003. i started out as a cashier nd then became a csm. before i became a csm they put all cashiers in different groups and gave each to groups a csm to be a leader.They would make us go to team meetings during our lunch break and we were told we needed to clock out first. when i becamme a csm i told all my cashiers not to clock out for meetings and when they didnt the manager went in and changed there time on the clock to make it look like they punched out. also when i was a csm a lot of times we could only take a 1/2 hr lunch becuase we were too busy to take a full hour and the manager went in and changed my punches from half and hour to an hour. i GOT SICK OF IT AND I tried to transfer to another walmart in another state and they lost all my paperwork. than in 2005i mo9ved back and i tried getting a job back at the new supercenter thinking it would be different than the old store, i couldnt reapply because they put me on leave and lost all my paperwork so they said they had to call corpoate to lay me off so they could rehire me. well i figured out that that was so they didnt have to give me a bonus on my 5th year and to pay me what i was getting before. they started me out at less. and as i was working there they still made you go to team meetings off the clock. and plus some manager was stealling money out of drawers i got pink slips for money the manager was taking. i got a written warning for it and they refused to take it out of my file when the manager was caught. so i couldnt transfer to another part of the store because of it. I got married in 2006 and my husband didnt get his discount card yet so they said to use mine. then almost got fired for my own husband using it. I got pregnant in 2006 i was the only person who knew layway out of all the cashiers and some csm's and they were making me carry heavy items and go on a ladder withount help. i would call a stockman and then they would tell them not to come. the store manger did nothing to help. i did this because i couldnt get another job. i hope we get something back soon.

  • catherineNovember 28, 2009 at 4:15 am

    I was employed at the brooklyn park walmart in Minnesota over eight years ago and nothings gotten better.-most of the complaints from employees are the same we had. I had a manager that llied about me to get me fired-I moved because I Lost my apartment-had no income. Well, the next jopb I worked at was double the money I made at walmart and people generally were treated much nicer then walmart[Show More]I was employed at the brooklyn park walmart in Minnesota over eight years ago and nothings gotten better.-most of the complaints from employees are the same we had. I had a manager that llied about me to get me fired-I moved because I Lost my apartment-had no income. Well, the next jopb I worked at was double the money I made at walmart and people generally were treated much nicer then walmart. The people who manage walmarts should put themselves in their employees shoes for once-use a little compassion. Thank god this lawsuit was won-a tiny thread of justice.Please include me in the lawsuit-I think I already am. Fight for your rights-you need unions. None of th is would happen.

  • BerniOctober 12, 2009 at 1:35 am

    I worked at Wal-Mart from 91 - 01... Oh how I remember those days. Before they built the Supercenter in Killeen, if you closed you can believe you would be in the store longer than you were suppose to. At Christmas time you were always told there was no over time and when your area was clean to clock out but you couldn't leave because the doors were locked until the last person finished zoning th[Show More]I worked at Wal-Mart from 91 - 01... Oh how I remember those days. Before they built the Supercenter in Killeen, if you closed you can believe you would be in the store longer than you were suppose to. At Christmas time you were always told there was no over time and when your area was clean to clock out but you couldn't leave because the doors were locked until the last person finished zoning their department. I worked in Electronics and there was a times when I made a formal complaint against the manager by calling the 800 line. I'd ask for someone to cover my department since everyone had called in that day because of an ice storm in Texas. Carla, the manager kept putting me off all day until my shift was over and I never got a break or lunch the whole day. Not sure if they did anything to her but I was never told anything. Of course I was made to clock out once I made it to 40 for the week. We were also made to clock out for breaks and told we were paid for them...they said it was just a way for them to make sure we took our breaks according to the law. That is until I kept track of my time and compared the time between clocking out and not clocking out. After finding one week was 37.5 and the other was 40, I brought to the attention of one of the managers. Wal-Mart broke so many laws. Glad someone is finally making them pay for taking advantage of people.

  • nancyOctober 1, 2009 at 6:28 pm

    I FOR 3 YEARS RECIEVED LESS HPURS OF OT IN MY CHECK .TIME CLOCK MISTAKES ? WAS ASKED TO WORK FOFF CLOCK WITH LITTLE OR NO BREAKS,AND IF YOU DIDNT WELL YOU WERNT PART OF THE TEAM.I CANT WAIT TO GET MY MONEY OWED ME WITH INTEREST.

  • EricaSeptember 29, 2009 at 10:29 am

    I to was a former Walmart employee in Maryland. I worked part-time, Weekends and a few nights closing during the week. When I had reached my 90 day mark, I received the 90 day evaluation. At that time they tried to tell me that I did not work for days I knew I had. During my time at Walmart, I never had a weekend off. Also, I am a Military wife and mother of three. I had worked Fathers Day that[Show More]I to was a former Walmart employee in Maryland. I worked part-time, Weekends and a few nights closing during the week. When I had reached my 90 day mark, I received the 90 day evaluation. At that time they tried to tell me that I did not work for days I knew I had. During my time at Walmart, I never had a weekend off. Also, I am a Military wife and mother of three. I had worked Fathers Day that year, which was extremely busy. During my Eval, I was informed that I did not work that day, not an easy day to be confused with any other day, since I did not have the time to spend it with my husband. Along with Fathers Day, they also told me of other days I had missed. I was always on time, stayed late when needed and was able to fill various positions. Walmart appreciated it and told me when I had left they would with no hesitation hire me back. I was was only there for a little more then 90 days due to my husband's transfer out of the area, so I'm thinking to myself, who am I to fight such a large company. The time frame was convenient as I was in overtime and like all Walmart employees, we are instructed to inform management. I informed my team leader and customer service manger (CSM) at that time, I was going to hit overtime and her reply to me was not to worry and to return to my register. To this day I have yet to be paid for those days or any overtime.

  • DawnSeptember 16, 2009 at 6:58 pm

    This company is just a joke! I had a medical procedure up and coming, my supervisor was well aware of it in advance, thinking she would provide me with the necessary paperwork (if needed) I went on about my business, I even reminded her the day prior to my leaving. A few days into my medical leave she informs me via text there is a packet that needs to be completed and I need to go pick it up fro[Show More]This company is just a joke! I had a medical procedure up and coming, my supervisor was well aware of it in advance, thinking she would provide me with the necessary paperwork (if needed) I went on about my business, I even reminded her the day prior to my leaving. A few days into my medical leave she informs me via text there is a packet that needs to be completed and I need to go pick it up from another store, in no condition to go do this I ask her isn't that considered working off the clock? She responds to me "no, that this is a personal matter and that I needed to get it taken care of" I am wondering how in the heck this is personal, when to me it is very clear it is work related? I make an attempt to get the papers, with no cooperation from the other store. I get released to return to work, arrive and am told I can not clock in until they have the packet of papers and that is the policy, I am in an office with three female managers that are completely degrading, demeaning and threatening. Only to find outa few days later that isn't the policy what so ever. So they cost me 8 days of work (on top of what i had already had off), and asked me to work off the clock doing a job that was my superiors not my own, contacted me constantly via text and not even by phone (real professional) while I was off on a medical (and i am only an hourly employee!!!) and then renigged on my original schedule agreement upon my hiring date. I am furious, When I called them out on all of the above I was threatened with them not accepting my doctors paperwork and filing job abandonment on me. I stated I was going to do what was necessary to protect me and my family and keep a paycheck coming in, and was told if that meant seeking legal advice I'd more than likley be without a job. Yet another threat!!! I was treated so poorly and put through so much turmoil, and so many people would lie and side step me, I ended up giving my notice. I couldn't even get a work schedule out of anyone when i was able to return to work, it was utterly rediculous! I am very upset. I kept a journal of the incidents, and documented every step, and kept every text in hopes I'd find someone to help me out in this matter.

  • LauraJuly 28, 2009 at 8:14 pm

    I was employed as asset protection associate I lost my home and had to transfer to another store in Phx. The store I went to had no security team, and the apc was transfered to another store so i had no direction even the store manager was removed 2 wks after I started. I went in on my day off just to get my phone charger. An incident happened I was asked to go to garden center to catch a shopl[Show More]I was employed as asset protection associate I lost my home and had to transfer to another store in Phx. The store I went to had no security team, and the apc was transfered to another store so i had no direction even the store manager was removed 2 wks after I started. I went in on my day off just to get my phone charger. An incident happened I was asked to go to garden center to catch a shoplifter. The ast mgr called police and told upper mgt I said to call I was off the clock. But I got fired over 30 days later.

  • tiffanyJune 5, 2009 at 12:54 pm

    I too work for walmart and I was told that I would not to be able to take my break more then one time because they had no one to cover my register and I work off the clock and when I told the manger that I forgot my time card she told me that she would take care of it and she never did and I never got paid for the hours I worked. Even after I told her time and time again.

  • RachelFebruary 17, 2009 at 9:00 pm

    walmart wa a really hard place to work!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • Wage and Hour Lawsuits against Wal-Mart Settled for over $350 Million : AboutLawsuits.comDecember 30, 2008 at 7:30 pm

    [...] this month, Wal-mart agreed to pay $54.3 million to settle a wage and hour class action lawsuit brought on behalf of workers in Minnesota, after a judge found that the company had violated wage [...]

  • MalindaDecember 22, 2008 at 11:13 pm

    This also has happend to me, being a former Customer Service Mgr, we somtimes didnt have time to take our breaks, or take them with out being interruppted, or had to cut them early to help a customer or employee with a problem.

  • ElaineDecember 22, 2008 at 8:39 pm

    I work at wal-mart from the time i was 17 till 19 and this was the case for me to.. They would often "forget" to give me a break... or would not let me use the bathroom when i needed to...

  • christineDecember 20, 2008 at 4:04 am

    when I worked for walmart a manager would tell me to clock out for my break and someone would come relieve me so I could eat.Well the only person coming was the same person who told me to clock out ,telling me to clock back in and I never got my breaks the after a month I quit not to mention their training program was awful.They thruogh you on the floor and thats your training other than cbls.

  • dianaDecember 13, 2008 at 2:49 am

    This was often the case when I worked for Walmart during this time period.

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