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Warehouse Workers File Another Wage Theft Lawsuit Against Wal-Mart Staffing Agencies

December 8, 2011

In a recent Howard Law, California employment attorney post, our wage and hour lawyers discussed a Riverside, California wage and hour lawsuit filed by warehouse workers who handle Wal-Mart store goods. The lawsuit sued both the operator of the warehouse, Schneider Logistics, and three of its staffing contractors who supply the temporary employment to the facility--claiming that the workers were shortchanged on their hard-earned wages, and were continually subjected to abusive and dangerous working environments.

In a similar wage and hour lawsuit, a group of eighteen workers from an Illinois-based Wal-Mart warehouse have recently filed a lawsuit against two staffing firms alleging the firms failed to pay the warehouse employees for all hours worked.

The staffing firms, Eclipse Advantage, and Midwest Temp Group Inc., were both named in the wage theft lawsuit, and are being accused of promising to pay the employees $9.25 to $10 per hour, with the possibility of earning a bonus for productivity. But according to the lawsuit, the workers' paychecks did not match the actual hours the employees worked, and did not equal minimum wage.

The lawsuit was filed on behalf of the warehouse employees on November 18, by Warehouse Workers for Justice, an organization based in Chicago that was founded by the United Electrical Workers in 2008. The organization has filed three lawsuits against Wal-Mart in the last two years, although Wal-Mart was not named in this suit.

Both temporary companies are being accused of shorting minimum wage, failing to pay overtime, and forcing employees to work off the clock--all violations of the Illinois Day and Temporary Services Act, and the federal Fair Labor Standards Act (FLSA). One worker claimed in the lawsuit to have worked 21 hours in a week, and only received a $57 paycheck for 12 hours of work.

The workers were also reportedly promised paid vacation time, which is reportedly used as a recruitment tactic, in order to lure employees during the busy holiday working season.

The class action wage and hour lawsuit is demanding back pay, as well as an injunction to bar the staffing agencies from engaging in illegal employment practices. The suit is also asking that both staffing firms be required to provide conditions of employment in writing at the time of hiring, in order to end their unfair wage and hour practices.

Our Orange County labor and employment attorneys at Howard Law, PC know how to find the best resolution to your wage and hour workplace issue. Contact us today for a free consultation about your rights.

Wal-Mart warehouse workers sue, claiming unpaid wages, Crain's Chicago Business, November 22, 2011

Wal-Mart warehouse workers file wage theft suit, People's, November 29, 2011

Related Web Resources:

United States Department of Labor

U.S. Equal Employment Opportunity Commission, (EEOC)

Title VII of the Civil Rights Act of 1964, (EEOC)

California Department of Industrial Relations (DIR): The Division of Labor Standards Enforcement, (DSLE)

Related Blog Posts:

CA Labor Commissioner Fines Warehouse Staffing Firms for Alleged Labor Violations, California Employment Lawyers Blog, November 21, 2011

Riverside Warehouse Investigated by CA Labor Officials, Sued by Workers for Wage Theft, Abusive Conditions, California Employment Lawyers Blog, November 16, 2011

DOL Forces Wok King Restaurant to Pay $531K in Wage and Hour Violations, California Employment Lawyers Blog, October 10, 2011

DOL Continues to Track Down Federal Wage and Hour Law Violations in the Workplace, California Employment Lawyers Blog, September 8, 2011

Feds Crack Down on Wage and Hour Violations in NY Restaurants, California Employment Lawyers Blog, April 15, 2011

DOL Wage and Hour Division Audits for Low Wage Industry Violations, California Employment Lawyers Blog, July 20, 2010

New Study Reveals More Abuse of Low-wage Workers in Los Angeles, California Employment Lawyers Blog, January 11, 2010

Financial Discrimination for Low-wage Workers in Los Angeles, California Employment Lawyers Blog, September 8, 2009

Wal-Mart Will Pay Up to $85 Million in Class Action Lawsuit Settlement, California Employment Lawyers Blog, November 12, 2009