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Update:
- A group of former Walmart warehouse managers asked a Georgia federal judge to allow them to move ahead with a class action lawsuit accusing the company of failing to pay federally mandated overtime wages.
- The request comes in the wake of a magistrate judge’s recommendation that the former Walmart workers pursue their claims individually.
- The group, which consists of 35 former workers, argues individual litigation would increase costs, cause stress and waste time.
- The plaintiffs first filed their complaint in January 2023 and amended it in March 2023 to add dozens of additional plaintiffs.
- The former Walmart workers argue the company misclassified them as overtime-exempt so they would not receive any additional pay for working more than 40 hours in a single workweek.
Walmart overtime pay lawsuit overview:
- Who: A group of former Walmart managers filed a class action lawsuit against Wal-Mart Associates Inc.
- Why: The former Walmart workers argue the company failed to pay them their federally mandated overtime wages.
- Where: The class action lawsuit was filed in Georgia federal court.
(Feb. 23, 2023)
Walmart failed to properly compensate a group of former workers from Georgia by allegedly withholding their federally-mandated overtime pay, a new lawsuit alleges.
The group of former Walmart managers collectively claim the multinational retail corporation denied them their “clearly established rights” by paying them “no overtime premium wages whatsoever.”
The former Walmart workers collectively argue that the company violated the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA).
“(Walmart) failed to adequately and lawfully compensate Plaintiffs as required by the FLSA,” the lawsuit states.
Walmart was aware that it was required to pay overtime at the rate of “one and one half the employee’s regular rate of pay” to an employee that worked more than 40 hours during a single workweek, the Walmart lawsuit alleges.
Walmart improperly determined managers were exempt from overtime pay, lawsuit says
Walmart is accused of determining that the group of Walmart managers were exempt from receiving overtime pay due to their status as managers, even though their roles allegedly would not have prevented them from being eligible.
“At all times relevant to this action, each Plaintiff was non-exempt from the overtime pay requirements as afforded by the FLSA,” the Walmart lawsuit states.
One former worker, Gary Kirk, meanwhile argues that Walmart violated the FMLA by allegedly terminating him “in retaliation” for him “using his federally-mandated rights” to family medical leave.
“Use of FMLA rights was a motivating factor in the adverse employment action of termination suffered by Plaintiff Kirk,” the Walmart lawsuit states.
The former Walmart managers are demanding a jury trial and requesting declaratory relief along with an award of liquidated damages, unpaid overtime compensation and prejudgment interest on all amounts owed.
Walmart agreed to a class action settlement in October of last year to resolve claims the company underpaid its workers by allegedly failing to properly include bonuses when calculating their sick pay.
Have you been denied overtime pay by your employer? Let us know in the comments.
The plaintiffs are represented by Beverly A. Lucas of Lucas & Leon LLC.
The Walmart overtime pay lawsuit is Simmons, et al. v. Wal-Mart Associates Inc., Case No. 2:23-cv-00015, in the U.S. District Court for the Northern District of Georgia.
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9 thoughts onEx-Walmart managers fight to keep overtime lawsuit as class action
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Many years of unpaid overtime here.
Aldi states they’re store managers are non exempt and do not get over time pay because we are managers and we do some administrative duties which supposedly makes us non exempt but honestly we work throwing the trucks just as much as other employees we have to work when someone calls out even if we have already worked our 50 hours for that week for no Pay and we are not allowed to take that time off that we don’t get paid for.
On my check statement it states hourly but we are paid a salary for 50 hours a week. And even though we don’t punch a clock we must work 10 hours a day and cover extra shifts if someone doesn’t come to work for no extra pay or any time off that week
Don’t believe it is fair to make us work our 50 hours plus hours a week for a set salary when still make us account for those 50 hours and if we cover extra shifts and work sometimes 70 hours a week and only get a set salary no matter how many hours we work.
Salary I thought was you get a set amount for however many hours is agree upon. Let’s say I have to leave early today so I don’t get 10 hours in I MUST make it up that week, even though I work 80 last week for call outs and only got paid for 50. Is this correct
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I was a Walmart Assistant manager for2 years. I hadv8 years in the company. I have paper copies of my pay stubs. No overtime pay. I even reported no lunch to several other managers and I received no remedy. I was on FMLA and I had herniated disks in my back neck and a torn rotate cuff. I reapplied for leave extension, and it was denied
They fired me 8 days after my rotator cuff surgery, while I was not even released by my doctor to work because I couldn’t do my job. They fired me when social security had disabled me disabled. I received no severance, and they owe me for hourly wages before I was salaried, and they did not pay for some salaried wages. I have all my stubs and FMLA submissions and Social Security letter dated when I became disabled.
Please add me I always had to stay late
They hate you putting over time and they will not give me my breaks and they overworked us for lil pay
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