A District Court Judge has ruled that Walmart broke California law
when the company failed to pay its drivers for all the tasks they do.
The Fresno Bee Reported on Tuesday that U.S. District Court Judge Susan Illston has ruled that Walmart broke California’s minimum wage law when the company failed to pay its drivers for all the tasks they do. The May 28th ruling argued that “under California law, the drivers must be paid for all the time that they were subject to Walmart’s control”.
The Fresno law firm filing the suit on behalf of
the truck drivers, noted that they were not compensated for a number
of tasks performed, including waiting in line to load or unload cargo,
washing and fueling their trucks, and filling out federally
mandated trip slips. Illston found Walmart in violation of the law
because they designated these required tasks as “unpaid activities”.
Walmart could end up owing between 100 and 150 million dollars
in back pay and penalties as a result of the ruling. Despite being
found guilty of wage theft, Walmart company spokesman Randy Hargrove is
continuing to deny the claims. He argues that Walmart pays their truck
drivers well and he insists,
despite the ruling, that “there has been no finding that any Walmart
driver has not been paid minimum wage for each hour worked”.
Walmart attorneys challenged the ruling with
deliberately obtuse arguments mocking the concept of paying truck
drivers for every task. The attorneys argued:
Does the Labor Code require drivers to be separately paid for putting a key in the ignition or while sitting at a stop light?
The lawyers’ feeble attempt to deflect the issue
away from wage theft simply makes the company look miserly. Truck
drivers probably regard putting the key in the ignition and stopping at
traffic signals as part of driving, but asking drivers to be paid while
cargo is loaded and unloaded is a reasonable request.
Naturally,
unloading a loaded truck takes longer than inserting a key into an
ignition switch, and workers should be entitled to compensation while
they are still on the clock. loading or unloading freight. The judge’s
ruling should be applauded, and Walmart needs to compensate their truck
drivers with the back pay they have earned.
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