Re-instatement of Overtime Pay Class Action

Boston, MAA class-action lawsuit against the nation's largest retailer alleging overtime pay and other violations—decertified two years ago— is back on the rails, and Wal-Mart employees in the State of Massachusetts couldn't be happier. The case highlights overtime pay laws and other employee rights, and holds that an overtime pay rule, indeed any regulatory guideline in place to uphold the rights of workers, should be protected.

Here's the story. In 2001 a lawsuit was filed on behalf of Crystal Salvas and Elaine Polion against Wal-Mart. The allegation claimed by the two former employees was that Wal-Mart permitted store managers to have their way with the electronic time clocks, manipulating them in such a way that employees were not fully paid for hours worked. Nor were they given adequate breaks.

Such behavior could easily see an employee working, in real time, more hours than they are actually being paid. Depending on the number of hours an employee worked over the course of a day or week, there could be issues of overtime pay as well.

The suit originally estimated that many Wal-Mart workers in the State of Massachusetts were owed anywhere between $500, and $1500 in back wages.

All was well with the litigation effort until a ruling by Superior Court Judge Thomas Murtagh nearly two years ago threw the class action status of the lawsuit into jeopardy. In his ruling Judge Murtagh, it has been reported, disallowed a key expert witness for the plaintiffs. It has also been reported that the judge summarily dismissed several of the allegations key to the case.

However, that ruling was overturned late last month by the Supreme Judicial Court of Massachusetts—paving the way for the lawsuit to go forward and potentially retrieve owed wages and, where applicable, overtime pay for the estimated 67,500 current and former Wal-Mart employees and potential participants in the class action.

In it's ruling the Supreme Judicial Court of Massachusetts acknowledged that Wal-Mart store managers are under considerable pressure to boost profits by, among other things, minimizing labor costs. The ruling went on to state that store managers are rewarded for keeping payroll costs low, and are in danger of losing bonuses, or ultimately their jobs if their stores exceed Wal-Mart payroll guidelines.

The ruling also revealed that senior Wal-Mart executives have, incredibly, been aware that store managers occasionally altered time cards in an effort to minimize payroll expenses, and had actually instructed workers to work off the clock.

A spokesperson from Wal-Mart denied the allegations, and insisted that workers are paid for all hours worked and are provided with adequate meal, and rest breaks. The spokesperson went on to say that store managers who violate those policies and procedures are subject to discipline, or ultimate job termination

The Massachusetts case now returns to the Superior Court for re-certification of class-action status, and lawyers for the plaintiffs hope to take the case to a trial by jury within 6, to 9 months,

In the interim, such activity as suggested in the lawsuit would throw any computation for potential overtime pay into complete disarray, as there would be no way of knowing how many total hours an employee actually worked, as well as the number of hours an employee toiled over and above the usual limits at which overtime laws require that overtime pay kicks in according to a pre-existing overtime pay rule. Labor laws are designed to protect workers from this kind of alleged abuse, and overtime pay lawyers can help workers fight any employer not playing by the overtime pay rule.

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