Off-the-clock security check when leaving work impeded breaks per plaintiffs. $6M.
Wal-Mart denies allegations of failure to pay overtime and impeding employee breaks.
- Case Name: Hamilton et al. v. Wal-Mart Stores, Inc. et al.
- Court and Case Number: USDC Central District of California / 5:17-cv-01415 AB (KKx)
- Date of Verdict or Judgment: Friday, April 12, 2019
- Date Action was Filed: Tuesday, June 13, 2017
- Type of Action: Class Action, Employment
- Judge or Arbitrator(s): Hon. André Birotte, Jr.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $6,001,599 for the meal-break violations.
- Attorney for the Plaintiff:
Yoon Law APC by Kenneth H. Yoon, Stephanie E. Yasuda and Brian G. Lee, Los Angeles.
Law Offices of G. Samuel Cleaver by G. Samuel Cleaver, Los Angeles.
Fernandez & Lauby by Brian J. Mankin and Peter J. Carlson, Riverside.
- Attorney for the Defendant:
Greenberg Traurig LLP by Mark D. Kemple, Robert J. Herrington and Matthew R. Gershman, Los Angeles.
Facts and Background
- Facts and Background:
Plaintiffs Chelsea Hamilton and Alyssa Hernandez tried a class action against their former employer, Wal-Mart Stores, Inc. and Wal-Mart Associates, Inc. related to meal periods and overtime compensation, representing a class of 4,840 persons.
- Plaintiff's Contentions:
Plaintiffs contended that defendants failed to provide lawful meal periods by requiring employees to undergo an off-the-clock security check before exiting defendants' premises, effectively impeding or discouraging employees from leaving the facility for meal breaks. Plaintiffs also contended that defendants improperly implemented an alternative workweek schedule, resulting in a failure to pay overtime compensation required by California law for hours worked between 8 and 10 hours in a day.
- Defendant's Contentions:
Walmart denied the allegations.