LOS ANGELES — Walmart Stores Inc. is facing a second potential class action overtime lawsuit in California. The recently filed lawsuit was brought in California state court by an asset protections associate. This lawsuit is separate from the on-going wage and hour lawsuit against Walmart in California federal court, although both lawsuits focus on Walmart’s loss prevention departments and the company’s failure to pay proper overtime wages.
The First Overtime Claim
The first lawsuit, now in California federal court was filed in 2011 by Aladdin Zackaria, who worked in Walmart’s loss prevention department. He claims Walmart forced employees, particularly in the loss prevention department, to complete various tasks without pay. Even though Zackaria filed his lawsuit in 2011, it is still waiting for class certification. Zackaria’s lawsuit is facing delays and complications related to the organization of the evidence supporting his claims. It currently has one final chance at certification, otherwise Zackaria and other employees will have to bring their suits individually.
The Second Overtime Claim
The most recent lawsuit was filed by Polo Garcia on behalf of himself and other similarly situated Walmart employees. Garcia claims Walmart failed to provide uninterrupted rest and meal breaks. Garcia was an “asset protection associate” receiving an hourly wage for nearly five years. According to Garcia, his managers knew asset protection associates were entitled to fixed meal and rest periods. Despite this knowledge, Garcia claims there is a company policy requiring employees, particularly asset protection associates, to work through their breaks without pay; these employees were not provided uninterrupted meal periods, and were made to work additional hours, also without breaks. Garcia’s claims Walmart’s rest and meal periods policies and failure to compensate employees for their work is a violation of California’s labor laws.
Garcia’s lawsuit also claims the company failed to maintain complete payroll records. The incomplete payroll records allowed Walmart to avoid paying employees who worked through their rest and meal periods for all the time worked, including overtime. Accurate payroll records and wage statements allow employees, employers, and the relevant government agencies to calculate overtime pay. Employers wrongly recording unused meal and rest breaks is a violation of state and federal labor laws.
If you employer has denied you rest or uninterrupted meal periods and has not paid you for all of the hours you have worked, call our knowledgeable team of overtime pay lawyers today at (855) 754-2795. Or complete the Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. There are strict time deadlines for filing lawsuits so it is important to contact an attorney immediately.