Truck Drivers Win Pay Fight Against Wal-Mart
by Jana Ritter - Published: 11/26/2016A group of truck drivers in California fought the mega giant Wal-Mart and won. On Wednesday, a federal jury determined that the company intentionally failed to pay hundreds of drivers the state minimum wage, and awarded the truck drivers in the suit $54 million in damages.
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More than 800 truck drivers who were employed by Wal-Mart between October 2005 and October 2015 were initially seeking $72 million in damages, mostly from unpaid time due to layovers. Their attorneys had also argued that additional damages and penalties could increase that total to more than $150 million. But Wal-Mart attorneys argued that like many employers in the trucking industry, Wal-Mart does not pay their drivers by the hour and instead bases the pay on mileage and specified activities on the job.
However, the truck drivers’ attorneys pointed to a ruling in their favor from U.S. District Judge Susan Illston, who said last year that Wal-Mart would be in violation of California law if it enforced its driver pay manuals, which clearly state there is no pay earned for certain tasks. They also argued that drivers weren’t being paid minimum wage for layover time, yet Wal-Mart treated it as time on the job by requiring drivers to stay with their trucks during layovers.
Wal-Mart attorneys pointed out that the company pays drivers $42 for 10-hour overnight layovers as an extra benefit, and also does not control their time during that period. They even stated to the jury that drivers are free to go to the movies, exercise or do other activities during layover periods. They also argued that the driver pay manual lists activities that the drivers are paid for and many of those categories include other, smaller tasks that do not have a separate payment designation or are simply tasks that take minutes to do. Attorney Scott Edelman chalked up the situation to a baker charging a flat fee for a cake, rather than all the individual separate tasks required to make the cake. “When you pay a baker $20 to bake a cake, what are you paying that baker to do? Is it just to put the cake in the oven for however long? Because that's essentially what the plaintiffs are arguing,” Edelman said during his closing argument.
Nevertheless, the seven jurors returned their verdict siding with the truck drivers that the company was not paying them in accordance to California law. A judge will rule on the final amount of civil penalties to be paid by Wal-Mart.
Professions drivers should be more worried about there pay and binifits like Healthcare , PAID , vacation time & a real retirement ( company-paid pension plan ) not JUST a fast shiny truck !!!
Here's the problem folks, Walmart will drop their mileage rate by 7-10 cents per mile, and tack that amount less a little to pay for litigation on to layover pay, the driver will end up with less in the end but will now be paid for layovers
Well boys , you been paying attention to what is happening with McDonald's and other minimum wage jobs that employees demanded more?? Don't think for a second YOU won't be replaced with self driving trucks. The technology exists and routine routes would be super easy to do. Keep thinking you are "Entitled", and see what happens to your jobs . Lesson to be learned here....If you don't like the compensation you are offered , go work elsewhere. There is always a moron steering wheel holder with an IQ less than a squash to take your place .....and if not, then the market will adjust. You had better learn quick .
Ummm , who better learn quick is that self driving technology is impracticable in real world application especially for trucking , see that self driving rig go over vail pass or on ice In Iowa , let me school you real quick, trucks need drivers , freight needs drivers , delivering , fueling .... And repairs requires drivers .... See one thing there ? I'll educated people like yourself is why the industry is going down hill , get your head right if your in trucking and stop rolling over and throwing your power and our jobs to the idiots behind desks moron !
Your are correct we will all be replaced by self driving trucks but it won't be in my nor the next generation. While technology is improving rapidly human interaction is still better than where it is now.
Excuse me but most companies pay detention. Why shouldn't Wal-Mart pay. Good luck with the self driving trucks
Mario N Cittadino well stated
You really think a company exists to see to it you have a job?? LOL! Know your place on the food chain. Clearly you failed Economics 101. Of you don't like the wage package you are being offered , than go back to school and make yourself more marketable to a higher salary somewhere else. An idiot holding a steering wheel is only worth X amount of dollars, and can be easily replaced so long as there are other idiots willing to hold the wheel. Let me tell you Einsteins a couple other things... In Europe , they already have self driving trucks getting ready to go mainstream . Google here in this country has a self driving car. The employees in ultra liberal states like Washington demanded $15/hr wages, won their wage fight, and are losing their jobs in leaps and bounds as they are being replaced with automation. When it comes down to survival, you will go before the business does ....business will find a wayaround you. Lastly, lets say you hold these business host age and get high salary for idiot work. Then you will go to Walmart and cry foul when you have to pay $5 a soda, $50 for a package of toilet paper, and $20 for a bar of soap (not that many of you buy soap anyways). Lesson here is becareful what you wish for because you just might get it. Class envy will sink you every time. Self elevate by having marketable skills. And lastly, quit voting democrat so you won't have to struggle in a screwed up economy.
None of what you wrote made much sense...especially that last sentence.Republicans control everything now so according to you in a few years all will be well then-you should be happy. Let's see how it all plays out!🙄
Quite obviously Jeff has never driven a truck.
Let's boil this down to simple facts, freight drivers deserve more pay no doubt, however, school bus drivers that haul America's most precious cargo, are paid slightly above minimum wage. Chattanooga know this?
700 a week is equivalent to 10 bucks a hour 1000 is 14.2 1400 is 20 That's gross per week 4500 is 64 a hour independent contractors pay saying they make that much
Yes Sir... we all know WalMart pays there driver's BETTER than most out there!!! Ok...WERNER,SWIFT we are NOW taking BIDS to REPLACE our driver's in CALIFORNIA! !!
Hahahahaha, in 5 years there will be no Wal-Mart drivers in CA.
Really what makes an expert?
If you notice the drivers themselves took Walmart to court and not the union.
Walmart is nonunion
Well they won the battle but will lose the war because Walmart has the resources to figure out how to screw them legally.
So what Wal Mart should do in response is stop paying for rest breaks which works out to about 10k a year.
Ur an idiot
Wal-Mart is getting worse on how long they take to unload trucks!
It's all about cheap labor and screwing the drivers!
That's the way to go truck drivers stick up for your rights hell with Walmart they got the money
Truckers should quit hauling for Walmart They are a monopoly and treat us like shit
Well John Hansen, I suggest you do a little research before you open your uninformed mouth.
Most so called professional drivers are only worried about how fast the truck is and how shiny it is not there pay and binifits sad so sad this is :/
OK, it's benefits, not binifits. Jheesh.
Walmart trucks are set at 65...what's ur point?
OTR drivers should make no less than $150K a year !!! Regional drivers should make no less than $125K a year !!! AND city drivers should make no less than $100K a year plus binifits(100% company PAID) if you have a clean driving record and GREAT work history after all U are professionals .... UNION OR NOT DRIVERS ARE WORTH A LOT MORE THAN A DIME A DOZEN !!!
How did you arrive at those numbers? Was it a study of the economics or trucking or you just pulled them out of the air?
Sounds like a wish list.
This guy evidently never owned a truck and has no clue
Sounds to me like this guy doesn't live in the real world. And if he is a truck driver he must be working for someone that's almost broke driving a total POS for a truck.
Lol tell you what but yourself a few trucks and see if you can make your numbers work.
I say good for those drivers pulling together. We know the reality now will be u.s. express, swift, prime inc., Wernersville and any others will pickup the slack and do it for cheaper when walmart decides to slower do away with their fleet. Sometimes you can mess up a good thing when you buck the system. I am curious to see how walmart proceeds after this.
This is just a example of if all drivers would ban together the freight rates and driver pay would increase. The DOT rules that are enforced would actually make sense. If your in a car and get pulled over for a headlight you get warning ticket, if your in a big truck you get a bad CSA score and a $300.00 fine. How does this make sense????
Thank GOD!! It's about Time!!!
Congratulations driverd
Fact
You need to EXPLAIN what a truck drivers WORK WEEK means!!?? Most people I speak with think $700.00 to $1000.00 is GREAT pay. I am like ok...you are away from family, work 70 to more hours a week,miss time at home,holidays....well there you have the LIFE of a trucker.
There's a reason why us drivers look twice our age. Working just about if not 2 FULL TIME jobs for years!
YesereeBob Definitely long overdue
who else really gets ?
Roger Brenner