Walmart Truckers Score $100 Million Lost Wages Victory In Court

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Anchorman's Comment
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Walmart Truckers Score $100 Million Lost Wages Victory In Court

A U.S. District Court judge has ruled that Walmart failed to pay its drivers at least minimum wage for all the time that they work.

The major complaint that the Walmart truck drivers levelled against the retail giant was that they were not paid for all of the tasks that they performed, namely waiting in line to load or unload freight, time spent to filling out trip slips, and washing and fueling trucks. Walmart drivers say that they also do not get paid when they are at weigh stations, waiting for vehicle maintenance, or during truck inspections.

The low layover pay was a major reason that the judge sided with the drivers. The Walmart truck drivers are not allowed to drive for 10 hours after a previous driving stint. During their 10 hour layover, Walmart pays them $42, or $4.20 per hour, which is significantly less than federal minimum wage. And drivers are not eligible for the layover pay at all if they slept at home or outside the cab of their truck. The drivers said that this was Walmart’s way of turning them into cheap guards over their trucks.

Walmart says that their drivers make at least $80,000 per year and are well compensated for their time. Walmart also claims that the layover pay was fair because the drivers were not working during those 10 hours, but the judge disagreed.

The court sided with the truck drivers, which means Walmart owes back pay to its drivers — to the tune of an estimated $100 to $150 million.

Walmart says that they intend to appeal.


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Old School's Comment
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Put a silly judge, a bunch of whiney truck drivers, and a slick talking lawyer together and look at the disastrous results.

Heavy C's Comment
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They are probably the best paid drivers out there (or pretty close) for what they do. They are really complaining about not getting paid to wash their truck? I'll gladly switch with them and double my pay if it's that bad for them.

Daniel B.'s Comment
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Dear Walmart,

If you're looking for a safe, reliable driver who won't complain then look no further! I have almost 3 years accident-free experience, 3 company awards, trainer/instructor experience, a great work history and a fabulous work ethic with a professional attitude.

I would absolutely love to work for you as a driver and would consider relocating. I will more than happily drive a fancy Peterbilt. I wash my vehicle without expecting compensation, I sit at my recievers without calling myself a cheap guard.

Seriously though, they have one of the most sought-after jobs in the industry. I would bend over backwards to be in their shoes. What a bunch of whiners who can't appreciate the great blessings they already have.

Bud A.'s Comment
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I'm surprised they didn't expect to get paid for the money they save by speeding through construction zones...

Snappy's Comment
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Jesus Christ tap-dancing on a cracker! They get paid for the sleeper berth time... and they're COMPLAINING THAT IT'S NOT ENOUGH?

Jeez, what a bunch of crybabies!

Sleeper Berth:

The portion of the tractor behind the seats which acts as the "living space" for the driver. It generally contains a bed (or bunk beds), cabinets, lights, temperature control knobs, and 12 volt plugs for power.

Anchorman's Comment
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Walmart, seeking next move in driver pay case, says 90% of drivers make $80k or more

Walmart is considering its next steps in a class action suit where a federal judge concluded truckers must be paid at least minimum wage for all time worked.

“There has been no finding that any Walmart driver has not been paid minimum wage for each hour worked,” company spokesman Randy Hargrove said. “We intend to continue to defend the company against the claim.”

San Francisco’s Senior District Judge Susan Illston ruled May 28 that the company exercised “a high level of control” over truckers during federally mandated rest periods, but its $42 allocation per layover averages out to less than paying minimum wage, “Under California law, the drivers must be paid for all of the time that they were subject to [Walmart]’s control,” Illston wrote.

The Arkansas-based company maintains some duties fall under certain paid tasks. Drivers are compensated under an activity code, such as when an inspection is performed as part of hooking a trailer. It argued a lack of an activity code for each code component is the same as paying a housekeeper for each house cleaned. Nothing in the Labor Code requires a separate “pay code” for each act that goes into cleaning the house, Walmart said.

Hargrove said 90 percent of Walmart’s drivers have been with the company for more than a decade and earn an annual $80,000-$100,000.

Last September, the court granted the case class-action certification for more than 500 drivers employed between 1993 and the present. They originally filed the case in Alameda County Superior Court in 2008, before Walmart had it moved to federal court.

The company could owe as much as $100 million in backpay, according to some media reports.

Brett Aquila's Comment
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You know what the next obvious step is, right? Walmart will eliminate their own fleet and let outside carriers do the hauling using drivers making $50,000 per year. That will eliminate all of the great paying $80,000 - $100,000 per year driving jobs available now. Outside carriers already do a lot of the work. It wouldn't be that hard to turn the rest over.

That's called ruining a good thing. That's what happens when you let lawyers convince you you're being wronged even when you have one of the highest paying jobs with the best benefits anywhere in the country.

Chris's Comment
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I'd be happy with their job, getting paid to clean your truck seriously? That should be your pride right there. I don't know about you, but I love a clean truck.

Stevo Reno's Comment
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WOW! Wal mart pays that well? Almost as good as U.P.S lol. My middle bro, and my buddies bro, drive for U.P.S , 32 and 30 years, respectively. 12 hour days, 5 days a week @ over $30 hour then + O/T @ $45+ hour, and 9 weeks paid vacation, personal/sick days... Basicaly, chasing & moving empty trailers around So Calif.

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