Notice to Class Members

If you are a current or former employee of Wal-Mart Stores, Inc. (including Wal-Mart Discount Stores, Supercenters and SAM’s Clubs), in Pennsylvania during the period March 19, 1998 through the present, you may be part of the class action lawsuit described below.

Plaintiffs Michelle Braun and Dolores Hummel commenced this class action lawsuit (Braun v. Wal-Mart Stores, Inc., et al., March 2002 Term, No. 3127 and Hummel v. Wal-Mart Stores, Inc. et al., August 2004 Term, No. 3757) in the Pennsylvania Court of Common Pleas in Philadelphia County. Plaintiffs commenced this class action lawsuit on behalf of themselves and all others similarly situated to seek redress for missed rest and meal breaks and off-the-clock work from their former employer, Wal-Mart. Plaintiffs allege causes of action for breach of contract, violation of the Pennsylvania Minimum Wage Lage, violation of the Pennsylvania Wage Payment and Collection Act, restitution, and unjust enrichment.

In a Memorandum Opinion dated December 27, 2005, the court certified the action as a class action and found that the suit satisfied the five criteria required by Rule 1702 of the Pennsylvania Rules of Civil Procedure: numerosity, commonality, typicality, adequacy and fair and efficient method for adjudication of the controversy.   To view the Notice of Pendency of Class Action sent to class members, click here.

On October 13, 2006 a Philadelphia jury returned a $78.5 million verdict in favor of a class of current or former employees of Wal-Mart Stores, Inc. (including Wal-Mart Discount Stores, Supercenters and SAM’s Clubs) who were forced to miss rest breaks and work off-the-clock in Wal-Mart’s Pennsylvania stores during the period March 19, 1998 through May 1, 2006.  After a five-week trial, the jury found that Wal-Mart violated state laws and breached their agreement to provide paid rest breaks and to pay for all time that employees worked off-the-clock.  The parties will likely be filing numerous post-trial motions, and Wal-Mart has publicly stated that it plans to appeal the jury verdict.

Court Awards Class Members an additional $62.3 million in statutory damages.

The award by Common Pleas Court Judge Mark I. Bernstein, which amounts to about $500 per worker, came on top of the $78.5 million awarded by a Philadelphia jury nearly a year ago after a five-week trial in the class-action case. The Court ordered Wal-Mart Stores Inc. to pay $62.3 million in statutory damages to 124,506 current and former Pennsylvania employees of the company from 2002 through May 2006 who were not paid when they worked during rest breaks.

Phila. judge adds $49.2M in attorney fees to Wal-Mart tally

By Jane M. Von Bergen
INQUIRER STAFF WRITER

A Philadelphia judge ruled that Wal-Mart Stores Inc. must pay $49.2 million in attorneys fees and expenses bringing the total to $187.6 million owed to Pennsylvania employees who were not paid during rest breaks.

July 9, 2012 Update

On July 9, 2012, the Pennsylvania Supreme Court entered an order granting review of one issue for which Wal-Mart sought appellate review in this case. The issue, as rephrased by the Court, is:

"Whether, in a purported class action tried to verdict, it violates Pennsylvania law (including the Pennsylvania Rules of Civil Procedure) to subject Wal-Mart to a "Trial by Formula" that relieves Plaintiffs of their burden to produce class-wide "common" evidence on key elements of their claims."

As a result, a briefing schedule and argument date will be set by the Court. Class Counsel do not expect the appeal to be argued before February 2013. It is unlikely that a decision from the Pennsylvania Supreme Court will be issued before 2014.

July 2, 2012 Order

Subscribe to Front page feed