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Walmart accused of denying assistant store managers overtime pay

Walmart is in the headlines again with claims that its workers are not being paid properly. Shoppers in Florida and across the country may be surprised to hear the way in which the retail giant is allegedly treating its employees. Depending on a worker's classification, they may be salaried and exempt from overtime, but the type of work they do must be consistent with that title according to state and federal employment laws. When those rules are broken and employees are not receiving the overtime they feel they deserve, they may need to combat the company to get paid.

One of the former assistant store managers for Walmart in another state believes that she as well as many others were the victims of wage theft. Although the goal is for the case she filed to achieve class action status, the plaintiff's lawyers says that it is too soon to tell. The case would be attempting to target workers who were assistant store managers from January 2011 through January 2015.

In an effort to cut payroll costs, the company was allegedly requiring the assistant store managers to perform the same duties as regular hourly employees. According to the complaint, these workers only had the title of being managers, but did not have any authority or perform actual managerial functions. While performing the same duties as the hourly workers, the assistant store managers would work longer than eight hours per day and would not receive overtime. The plaintiff also claims that the assistant store managers were not given their lunches and breaks, nor pay stubs so that they could see how many overtime hours they had worked.

On behalf of the similarly situated workers, the plaintiff is asking the court to award them their unpaid overtime, back pay and to be compensated for all of the rest periods they were allegedly unable to take. Florida workers who feel that they have been the victims of similar wage theft have the right to try to collect the money to which they believe they are entitled. In successfully presented claims, the effected employees may be awarded their lost compensation. The court may also rule that the company has to change its policies to prevent the same situations from occurring in the future.

Source: eastbayexpress.com, "Walmart Sued in Alameda County For Wage Theft", Julian Mark, April 9, 2015

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