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.