Wal-Mart Sued for Denying Lunch Breaks
By Matt Green
Published on September 22, 2005
Wal-Mart lawyers declined to give an opening statement on Sept. 19, reserving its right to give one later.
More than 100,000 former and current employees are suing Wal-Mart -- the world's largest retailer -- for being denied lunch breaks. They seek back pay, interest and punitive damages.
The case centers on a 2001 California law, which is among the nation's most worker-friendly. Employees who work six hours must have a 30-minute, unpaid lunch break. If they don't receive one, they must get an additional hour of pay.
In court documents, Wal-Mart says workers didn't demand penalty wages on a timely basis. Wal-Mart says it did pay some employees their penalty pay and that, in 2003, most workers agreed to waive their lunch break as the law allows.
The company also says some violations were minor. For instance, Wal-Mart demanded employees punch back in from lunch during their meal breaks -- which essentially gives workers a shorter break than required by law.
The lawsuit is among about 40 cases nationwide alleging workplace violations against Wal-Mart and the first to go to trial. The company settled a similar lawsuit in Colorado for $50 million.
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