Walmart Class Action Claims Company Misclassified Night Managers As Exempt From Overtime Pay

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Walmart Night Manager Overtime Pay Lawsuit Overview: 

• Who: Sundel Quiles filed a class action lawsuit against Walmart Inc.
• Why: Quiles claims Walmart misclassified its night managers as exempt from earning overtime pay.
• Where: The lawsuit was filed in New Jersey federal court.

A federal judge in New Jersey has declined Walmart’s request for partial summary judgment surrounding claims it misclassified its night managers as exempt from overtime pay. 

Walmart has argued that the statute of limitations has already run out on the New Jersey Wage and Hour Law (NJWL) claims brought by workers and led by plaintiff Sundel Quiles.

The company has also argued that, if ruled that it does in fact owe damages, it should only be required to pay half the overtime premium rate based on a fluctuating workweek method.

The judge overseeing the case sided with workers, however, who say they are no longer seeking damages under the NJWHL. 

“There is a triable issue of fact as to whether the parties intended for plaintiffs’ salaries to compensate them for all hours worked each week,” the judge said. 

Complaint Originally Filed In 2016 As Class Action Lawsuit

The complaint was originally filed as a class action lawsuit in 2016, including claims under both NJWHL and New York labor law but was denied class certification in April 2020, Law360 reports.

The statute of limitations in 2016 for bringing claims under the NJWHL was two years; however, that has since been extended to six years, according to Walmart’s motion, Law360 reports. 

Walmart argued that, despite this, the change to the law cannot be retroactively used by the workers, but the judge pointed to the workers’ response that they are no longer bringing claims under the NJWHL. 

In regard to the fluctuating work week, which Walmart argues applies to the workers and means they should only be paid half-time premium if awarded damages, the judge determined the workers had shown there was a discrepancy in “whether the parties mutually understood that Plaintiffs’ salaries were intended to compensate them for all time worked.” 

Earlier this month, a class action lawsuit was filed against Walmart by a female employee alleging the company’s uniform policy discriminates against its female truck drivers. 

Have you worked as a night shift manager at Walmart? Let us know in the comments! 

The plaintiffs are represented by Joseph D. Monaco III of the Law Offices of Joseph Monaco PC, Joshua P. Cittadino of Litchfield Cavo LLP and Marc S. Hepworth and David Roth of Hepworth Gershbaum & Roth PLLC.

The Walmart Overtime Pay Lawsuit is Quiles, et al. v. Wal-Mart Stores, Inc., Case No. 2:16-cv-09479, in the U.S. District Court for the District of New Jersey.

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