Walmart Class Action Lawsuit
Walmart Faces Class Action Wage and Hour Lawsuit for Violation of Labor Laws
A former employee has filed a wage and hour lawsuit against Walmart Stores Inc. in a Pennsylvania federal court seeking a class action status. James Jenko, an Overbrook resident who once worked as an assistant manager at a local Walmart outlet, claims that the retail giant categorized assistant managers as exempt employees and did not pay them for their overtime, which is a breach of the Fair Labor Standards Act. The plaintiff joined Walmart in 1998 and was employed with it until July 2012. He was promoted as assistant manager in 2003.
According to the litigation initiated in February 2013, the plaintiff worked for 50 to 55 hours every week without being paid for overtime, because the classification of assistant managers as exempt employees by Walmart made him ineligible for paid overtime. The wage and hour lawsuit seeks full payment of overtime dues with interest, punitive compensation, and penalties on the ground that duties performed by assistant managers at Walmart stores are similar to those of nonexempt, hourly workers.
The wage and hour lawsuit has sought class action status representing all existing and former Walmart assistant managers considered exempted from overtime laws and not paid their dues. If accepted, the Walmart wage class action could become a potential botheration for the retail giant with the potential number of plaintiffs likely to exceed 2,000 alone in Pennsylvania. It will cover 8 to 10 assistant managers working in each of 156 Walmart stores in the state and hundreds of people who had previously worked in similar capacities at these stores in the last three years.
Similar Walmart Wage and Hour Lawsuits
The world’s largest private employer is in the thick of controversy over violation of labor and employment laws. A number of employees have filed lawsuits against Walmart citing misclassification of employees, reduced bonus or commissions, no overtime wage, failure to reimburse, and unpaid on-duty meals. According to Bloomberg, at least 12 percent of more than 3,000 federal lawsuits filed against the retailer in the last three years are related to wage and other employment issues. Dozens of Walmart wage violation lawsuits are currently pending for trial in different U.S. courts.