Walmart Truckers Score $100 Million Lost Wages Victory In Court

Topic 9053 | Page 1

Page 1 of 10 Next Page Go To Page:
Anchorman's Comment
member avatar

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.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Old School's Comment
member avatar

Wow!

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
member avatar

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
member avatar

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
member avatar

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

Snappy's Comment
member avatar

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
member avatar

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
member avatar

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
member avatar

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
member avatar

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.

Page 1 of 10 Next Page Go To Page:

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

This topic has the following tags:

The Economy And Politics Truck Driver Salary Trucking News
Click on any of the buttons above to view topics with that tag, or you can view a list of all forum tags here.

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More