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Sunday, October 17, 2004

Indiana Law - Wal-Mart employees class action suit featured

"'Off the clock' work ticks off employees" is the headline to this story today in the Muncie Star-Press. Some quotes:

Jim Todice of New Castle says Wal-Mart Stores is a good place to work if you keep track of your hours, don't let them take advantage of you and watch your back.

He's one of 113,000 or so past and present Wal-Mart employees from Indiana who could benefit from a proposed class-action lawsuit accusing the company of widespread wage abuse.

The lawsuit's allegations, which Wal-Mart denies, include failure to pay for all the time employees work, failure to permit employees to take breaks, and understaffing stores.

Wal-Mart is facing 39 similar lawsuits in other states. * * *

The lawsuit brought on behalf of Indiana employees was filed in Marion County Superior Court 5 in the summer of 2000. Judge Gary Miller certified the lawsuit as a class action. Wal-Mart appealed to the Indiana Court of Appeals, which reversed Miller but said the lawsuit could be sustained if the class were re-defined. The plaintiffs are appealing that ruling to the Indiana Supreme Court.

Wal-Mart attorneys have been "pretty successful" in blocking class certification of lawsuits accusing the company of violating labor laws, said Indianapolis attorney James Knauer, who represents numerous Indiana Wal-Mart workers.

Knauer claims the evidence is overwhelming that Wal-Mart corporate policy causes employees to work off the clock. * * *

Only one of the 40 labor lawsuits has gone to trial - in Oregon. While a jury in that "mass-action" lawsuit found that more than 80 current and former employees had been forced to work unpaid overtime, "we feel the evidence supported our position that this was not systemic and widespread," Wal-Mart spokesperson Christi Gallagher said in an interview.

"These allegations go against everything Wal-Mart stands for," she added. "Our three basic beliefs that (Wal-Mart founder) Mr. Sam (Walton) started are respect for the individual, service to our customers, and strive for excellence. And our company policy is to pay associates for every minute they work. Any manager who requires or tolerates violation of the policy would be (disciplined)." * * *

Court records show that at least three dozen residents from Muncie, Anderson, New Castle, Farmland, Winchester, Albany, Richmond, Lewisville, Knightstown, Alexandria, and Lewisville have contacted the plaintiffs' lawyers about becoming members of the class action.

The story also includes a list of other litigation against Wal-Mart, plus a link to the Indiana Wal-Mart Class Action Web Site. The plaintiffs' attorneys are listed as Kroger, Gardis & Regas, LLP; the Wal-Mart attorneys are Baker & Daniels. Some legal documents are available here.

The Court of Appeals decision, Wal-Mart Stores, Inc., et al. v. Berdita L. Bailey & Sue Rhodus (5/27/04 IndCtApp) is available via this Indiana Law Blog entry (2nd case), which also includes links to other articles on overtime suits.

The docket in the case indicates:

9/02/04 APPELLEE'S PETITION FOR TRANSFER (9) WORD COUNT CERTIFICATE (2) PROOF OF SERVICE (2) MAIL LB
9/27/04 APPELLANT'S BRIEF IN RESPONSE TO TRANSFER (9) PROOF OF SERVICE (2) MAIL LS
10/11/04 APPELLEE'S REPLY BRIEF IN SUPPORT OF PETITION TO TRANSFER (9)
CERTIFICATE OF WORD COUNT (2) PROOF OF SERVICE (2) MAIL RC
10/12/04 ***********TRANSMITTED ON TRANSFER ***********RS
10/12/04 IN THREE (3) BOXES

Posted by Marcia Oddi on October 17, 2004 04:34 PM
Posted to Indiana Law