Temporary employees at Wal-Mart were asked to come early, stay late and skip lunch, claims a proposed class action filed Monday in Chicago federal court.
According to Reuters, the filing accuses the retail giant and two staffing agencies of violating federal wage and overtime laws. The case is Twanda Burkes et al v. Wal-Mart Stores Inc.
Wal-Mart told Reuters the company had no immediate comment on the filing, because it hadn’t seen it yet. The news agency reports that the filing could involve hundreds of Chicago-area temporary workers. In 2008, Wal-Mart paid as much as $640 million to settle worker wage cases, Reuters reports.
Compliance Assistance – Wages and the Fair Labor Standards Act (FLSA)
The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.
FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
Hours Worked (PDF): Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
Recordkeeping (PDF): Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.
Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.
Source:
ABA Journal 2012
United States Department of Labor 2012
Kurt A. Scharfenberger