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The Employee Free Choice Act Legislation that will truly make a difference for Wal-Mart workers

Wage & Hour Issues Read how Wal-Mart continually fails to pay every worker for every hour worked

Health Care Wal-Mart's still insures barely over half its employees on the company plan

Always Low Wages Poverty-level wages make life extremely difficult for Wal-Mart's 1.4 million workers

The Environment How Wal-Mart's business model is detrimental for our planet

9th Circuit Reaffirms Dukes Class Action Status

Late yesterday, the 9th Circuit Court of U.S. Appeals issued a ruling in the landmark discrimination case Dukes v. Wal-Mart. While the new ruling may exclude a small fraction of the original 1.6 million plantiffs, it could also make it more difficult to overturn the case’s class-action status. 

Wal-Mart has discriminated against its female managers and employees for years.  It is shocking that a company which depends so deeply on women as customers treats its female employees so poorly. Perhaps Wal-Mart’s leadership will finally recognize it would benefit by making substantive changes to its business practices: keeping prices low by discriminating against employees is unjust and unsustainable.

Court Toughens Rules for Inclusion In Wal-Mart Discrimination Suit [Wall Street Journal]

A U.S. appeals court, in an unusual move, tweaked its decision in a sex-discrimination suit against Wal-Mart Stores Inc., toughening the rules for including workers in the massive suit.

Wal-Mart said it would again appeal the decision to the full Ninth Circuit Court of Appeals.

While reducing the potential number of plaintiffs, the revisions “may make it that much harder” to overturn the panel’s decision supporting class-action status, said Joseph M. Sellers, plaintiffs’ co-lead counsel and a partner at Cohen, Milstein, Hausfeld & Toll.

The 2001 suit alleges gender discrimination in pay and promotions at the world’s largest retailer. The women claim Wal-Mart, of Bentonville, Ark., systematically paid them and other women less than men with similar qualifications, and frequently overlooked women for promotions. Wal-Mart has denied it discriminates and maintains any pay disparities were isolated. It is the largest discrimination case ever filed.

The tweaks “make further review more elusive,” Mr. Sellers said in an interview. He said the court appears to have revised its earlier opinion to respond to arguments by Wal-Mart and others in court briefs.

Tuesday’s decision by the three-judge, Ninth Circuit Court of Appeals panel again affirmed a lower-court’s decision to grant class-action status to a group of more than 1.6 million current and former Wal-Mart workers. The 2-1 opinion, with Judge Andrew J. Kleinfeld dissenting, mirrors the decision released earlier this year by the same panel. The opinion was again written by Judge Harry Pregerson.

However, in a significant change the majority ruled that women who left the company before the case became effective and could not benefit from changes to the company’s pay and promotion rules should be excluded. The decision could exclude between 75,000 and 250,000 former employees out of the more than 1.6 million members, estimated Mr. Sellers.

The potential impact varies because the effective date of the suit may change depending on what the court allows. Originally, plaintiffs sought to include all women who worked at the company between December 1998 and the present. The effective date may change to when the case was filed in June 2001 or to October 1999, when the Equal Employment Opportunity Commission accepted the case, Mr. Sellers said.

Theodore J. Boutrous Jr., Wal-Mart’s lead counsel and a partner at Gibson, Dunn & Crutcher LLP, said the retailer will again seek a hearing before the full court. “The revisions do not cure the problem with the panel’s ruling,” Mr. Boutrous said.

“The court’s order makes clear that Wal-Mart can now file a new rehearing petition in light of the new opinion. We intend to do that and believe that our arguments are very strong,” he added.

Posted by Alex Goldschmidt on Wednesday, December 12, 2007

Click Here for a Printer-Friendly Version

COMMENTS

...could exclude between 75,000 and 250,000 former employees...

A drop in the bucket.

Ken V in Texas
Wednesday, December 12 at 09:50 AM

Ken V in Texas: Perhaps these women who have been recently excluded could file a different action-if the time of prescription doesn’t prohibit it.

ddrb in
Wednesday, December 12 at 12:38 PM

Does anyone believe these women in or now out of the lawsuit really understand this class action?  I doubt it and I believe down the road more will be excluded and I also believe this suit will be dismissed at some level or at a minimum a great portion of the pleadings will be changed.

After all remember it has not even came to the trial stage and I doubt if any jury could comprehend it.  I have read most (almost all) of the orginal pleading and it would be very difficult to prosecute and defend so that a jury could intelligently decide.

Time will play it out.  My prediction is that it will be greatly reduced or dismissed.

The Sage in
Wednesday, December 12 at 01:04 PM

Time will play it out.

Win, lose, or draw, the meter is running and the Beast is bleeding.

“If you care about a local economy, you will hate Wal-Mart,” ~ Rosemary Atkinson

Ken V in Texas
Wednesday, December 12 at 02:58 PM

FY2007 Net Income of 11.2B..... Yep, their bleeding alright

mary in
Wednesday, December 12 at 05:00 PM

Ken V in Texas: Do you really believe that there is ANY possibility of the” hundreth monkey “ re: WalMart??

ddrb in
Wednesday, December 12 at 06:23 PM

hey ken and ddrb how about the monkeys at target,costco,k-mart,kohls and etc?

matthew vantress in gresham oregon
Thursday, December 13 at 05:39 AM

FY2007 Net Income of 11.2B.....

Imagine what it would have been without all the legal expenses and should they lose Dukes, or a host of other suits,...well, I’ll let the Bentonvilliams themselves tell you:

“The Company (Wal-Mart) is involved in a number of legal proceedings, including antitrust, consumer, employment, tort, and other litigation. The lawsuits discussed below, which are among the matters pending against the Company, if decided adversely, may result in liability material to the Company’s consolidated financial statements.” ~ Wal-Mart Annual Report

Bleeding, indeed.

Ken V in Texas
Thursday, December 13 at 06:25 AM

“My prediction is that it will be greatly reduced or dismissed.” ~The Sage

This, from the same person who predicts Ron Paul will be the next president of the U.S.

ScrewedbyWal-Mart in Anytown, America
Thursday, December 13 at 08:44 AM

Screwedby,

There is a difference between saying who you would LIKE to see be the next president and who WILL be the next president!!  But, I guess that people like you, can’t tell the difference, because you are so used to twisting things out of proportion!!

RDS in
Thursday, December 13 at 10:51 AM

“twisting things out of proportion!!” ~RDS

No...this would be your field of “expertise” RDS.

I’m a realist.  You, on the other hand, are back-peddling already, just to save face and cover your bets.  You’re a big Ron Paul supporter and “card carrying” self-proclaimed Libertarian like The Sage, aren’t you?  If Ron Paul was leading the race, you’d be the first person to spout off and say, “I told you so.”

ScrewedbyWal-Mart in Anytown, America
Thursday, December 13 at 11:08 AM

OK, while we’re at it, who does Mr. Screwed support?

bbrd in
Thursday, December 13 at 12:28 PM

Screwedby : May I share my premonition? The next,impending incarnation on RDS’s personality parade will be...Tah Dah....Mr. Twister!

ddrb in
Thursday, December 13 at 12:32 PM

mv: The” hundreth monkey” is not really about monkeys.

ddrb in
Thursday, December 13 at 12:34 PM

Screwed by --
1- I never did “predict” that Dr. Ron Paul would be the next president of the US. Yes I do support him and RDS was correct in that he stated I was supporting Dr. Paul

2.  I still predict this lawsuit will be dismissed or greatly changed in some fashion.  Yes, time will tell.

3.  You accused me of being a member of the Liberterian Party and once again I will tell you that you are a liar in this regard (and I told you this in many other posts that you chose to ignore).  I am a member of the CONSTITUTION PARTY and have been for years.  Whether RDS is a member of the Libertarian Party or not, I have no knowledge, that is his choice as well as anyone to belong to the party of “their” choice.

You were asked a question as to whom you support for President, would you care to answer or not?  I would be curious or do you fear many might criticize you for your choice as you have elected to do to the Sage!

The Sage in
Thursday, December 13 at 03:21 PM

anyone but george bush in th white house would be great.

matthew vantress in gresham oregon
Thursday, December 13 at 05:05 PM

mv; Matt, there’s hope for you yet! Finally,something we can agree on!!

ddrb in
Thursday, December 13 at 05:21 PM

Make sure you throw Hillary on that list as well.

mary in
Thursday, December 13 at 07:38 PM

Mary in : I couldn’t agree with you more-I still don’t trust her ties to WalMart!

ddrb in
Thursday, December 13 at 07:58 PM

WOW! Some “Sage” You Are

<i>"greatly changed in some fashion."</b>

That’s real precise of you.  Maybe I’ll become a “Sage” too, and become a meteorologist!  The weather tomorrow will be greatly changed in some fashion. It may, or it may not be sunny, and if it’s not dry, there may, or may not be some type of precipitation.

ScrewedbyWal-Mart in Anytown, America
Thursday, December 13 at 07:58 PM

dd, matt, and mary, I’m glad to see you kids getting along.

COST OF WAR

Ken V in Texas
Friday, December 14 at 04:30 AM

hillary dont thrill me either.universal health care?thats a train wreck waiting to happen.how can anyone tell me that the govt can afford to and has the money to pay every americans medical and dental bills?i dont see it.

matthew vantress in gresham oregon
Friday, December 14 at 05:54 AM

Unlike YOU, matt!

“a train wreck waiting to happen.”

Unlike yourself, huh matt?  You’re a train wreck that’s already happened!

ScrewedbyWal-Mart in Anytown, America
Friday, December 14 at 07:56 AM

Can You Hear Us Now, Matt?

“can anyone tell me that the govt can afford to and has the money to pay every americans medical and dental bills?”

Apparently you didn’t take the time yet to check out Ken’s link on the cost of the war.

ScrewedbyWal-Mart in Anytown, America
Friday, December 14 at 08:05 AM

Sage-

Where is the hundred dollars you owe for the bet you lost? I noticed you weaseled out for a couple of weeks after you lost the bet on the facts about Ron Paul wanting to legalize currently illegal narcotics. Do we have to bring back the dialogue and all of the Ron Paul quotes and post them here again for you to man up? I told you that you could donate it to the fund for Shank. Did you? I already know you are not a person of your word, perhaps now is the time for you to stop being a fraud. After all we now have vantress to sing and dance the WalMart tunes with his lies.

SanDiegoView in
Friday, December 14 at 08:07 AM

what have i lied about sdv?a i asked you that and you refused to answer me and like a typical liberal and wm hater you ran and hid and could not give me a straight answer.you are a bald face liar sdv.you still cant answer me why there are so many more grocery workers in ufcw union grocers on food stamps and govt assistance than at wm.whats wrong the truth hurt?is that why you run and hide so much and are afraid to be honest?you area real fraud sdv.

matthew vantress in gresham oregon
Friday, December 14 at 10:04 AM

Matthew you never give any source for your claims! When are you going to provide evidence to support your statements? SDV usually gives a documented resource and has strong credentials in researching his stuff. You never do and just make wild statements and claims!

Your questions Matthew were answered many times before but you seem to think that every article or university study is a lie. Are you stupid or just paranoid? Where is your proof that all these union people are on govt assistance? Everyone knows that Walmart leads the country in welfare abuse for the employees they have. That is documented many times over for many years and why don’t you accept proven documented facts and provide none of your own? Where is your proof that all these university studies and state government accountings and reports and newspaper articles and online information are all lies?

Truth is, you are the one who lies and never answers real questions or cites any sources!

Richard in MSU
Saturday, December 15 at 07:44 AM

richard govt resources and state lie all the time and are never accurate.are you stupid enough to believe richard that the govt is always honest with you and never lies?full of bs richard the govt is brainwashing you big time and so is the ufcw union.i worked in union grocery richard unlike you and retail as well and know what the hell i am talking about.my sister in law works for the state of oregon and handles paperwork for govt assistance and food stamps and guess what the highest level of workers on food stamps and welfare in oregon is union grocery workers and other cheap places like fast food joints.walmart is not even close to the top according to the paperwork that my sister in law showed me and wm is at the very bottom and has few on welfare.its not even close to the level richard that you are led to believe by the full of crap govt and ufcw union.i dont need to put proof on here i have already seen it with my own eyes.i could care less if you believe me or not.i saw richard when i worked in union grocery workers filling out food stamp and welfare paperwork in the breakroom.i dont accept anything the govt says as truth.why should i?the govt bald face lies all the time about their budgets.they only tell you the general fund numbers not the all funds numbers which are always significantly higher.that tells you right there why you should never believe anything the govt says or any of their stats especially when they cant be honest with you about what they really have for money.got that richard?richard you have no clue how union grocery operates and how badly they mistreat their workers.i work now with a former high level manager in the union grocery kroger chain and he confirmed evertything i have ever said on here is 110&#xac;curate.governments lie all the time richard wake up.

matthew vantress in gresham oregon
Saturday, December 15 at 11:35 AM

...my sister in law...

Oh, well then, that’s different.

Ken V in Texas
Saturday, December 15 at 03:56 PM

Well he said his sis-in-law works for the government and he also said the government lies about everything.  Also interesting is that Oregon is one state that doesn’t even track this info yet.  So therefore, Matt is the one that is “bald face lying”....lol!

Walmart SUCKS! in Anytown, USA
Saturday, December 15 at 07:59 PM

SDV --- again you are twisting the exact post and its challenge to you.  You do this all of this time Please go back to the orginal post of Tuesday, November 27, at 04:58 pm and re-read it again in entirety and then again post on here.
(as you know it was on a different thread)

The Sage in
Saturday, December 15 at 09:04 PM

really sucks?sorry my sis in law is honest and very truthful and a wonderful person.you need to go to www.supermarketswindle.com and then come back on here and tell me how stupid,dumb and misinformed and how bald face lying i am.the govt sucks lies all the time its a fact and they distort their facts if they dont like something to manipulate the public and people like yourself.

matthew vantress in gresham oregon
Saturday, December 15 at 10:22 PM

hey richard www.supermarketswindle.com.look at it and then come back on here and tell me how stupid i am.

matthew vantress in gresham oregon
Saturday, December 15 at 10:25 PM

Richard,

“Everyone knows that Walmart leads the country in welfare abuse for the employees they have.”

It may be true, that Wal-Mart’s employees on welfare, may exceed other retail companies, but, it is also true, that no other retail company even comes close in number of employees.  The falsehood in your statement, is in claiming that “Wal-Mart leads the country in welfare abuse”, this infers that Wal-Mart has come required obligation to provide benefits that are being shifted to the countries welfare systems, SINCE THEY HAVE NO SUCH OBLIGATION TO DO SO, therefore, they cannot be accused of shifting anything.  Example, I cannot accuse you of failing to cut your neighbors lawn, if you have no responsibility to keep it cut, using the theory that they are your neighbor.  Just because someone is an employee of a company, doesn’t mean the company is responsible for everything that employee does, including taking advantage of the countries welfare programs.

Tommy in
Sunday, December 16 at 03:08 AM

SINCE THEY HAVE NO SUCH OBLIGATION TO DO SO

My knowledge of the US Consitution is a little rusty, Tommy, so perhaps you can refer me to the article that makes it the government’s responsibility to provide business with a cheap healthy workforce?

If you work in Wal-Mart you are exposed to every communicable disease known to man. The millions of ‘visitors’ are sneezing and coughing and otherwise depositing germs all over the place.

When you get sick, whose ‘responsibility’ is it?

Ken V in Texas
Sunday, December 16 at 06:16 AM

Ken V in Texas: I’m probably rustier than anyone on constitutional mandates or obligations,but, which article refers to government’s responsibilty to provide corporate welfare to WalMart?

ddrb in
Sunday, December 16 at 08:28 AM

Sage-

Running out on the truth again, no doubt embarrassed by the proofs that came back to shame you-

“Another bet if you want to make it—show me one quote of Dr. Ron Paul (running for president) that states what you quoted “Ron Paul wants to legalize currently illegal narcotics to the U.S. population”.”

“Back up what you post. I will thank you in advance if you will or can.’
Sage

“Paul wants to legalize the sale of narcotics, contending that prohibition of drugs is ineffective. “Prohibition doesn’t work. Prohibition causes crime.” He believes that drug abuse should be treated as a medical problem, “We treat alcoholism now as a medical problem and I, as a physician, think we should treat drug addiction as a medical problem and not as a crime.” The Constitution does not enumerate or delegate to Congress the authority to ban or regulate drugs in general.”

http://en.wikipedia.org/wiki/Political_positions_of_Ron_Paul
Make American more Christian. Get high with Dr. Ron Paul and ‘Sage’. Lawlessness, Libertarian and lost.

“Now for once please, please explain how I have been found to be a fraud (even by you). Give me one example. I will make a bet with you, if you can I will donate $l00.00 to WMW...”
Sage

Pay up.

SanDiegoView in Ron Paul wants to legalize narcotics
Wednesday, November 28 at 04:31 AM

“Prove what I orginally posted and I will pay up. Actually I think you should pay up for you didn’t answer the main point in my post. How did you ever learn in school how not to answer something, then twist it. “Shall we all do the Twist””
The Sage in
Wednesday, November 28 at 11:22 AM

Hey ‘Sage’, where is the hundred you owe?

The Case for Drug Legalization
by Ron Paul, MD
www.totse.com/en/drugs/legal_issues_of_drug_use/ron_paul.html

“Urban street crime, which terrorizes millions of Americans, is largely the creation of the U.S. drug laws. That alone is reason enough for legalization.”
Dr. Ron Paul

“Another bet if you want to make it—show me one quote of Dr. Ron Paul (running for president) that states what you quoted “Ron Paul wants to legalize currently illegal narcotics to the U.S. population”.”

“Back up what you post. I will thank you in advance if you will or can.”

The Sage in
Tuesday, November 27 at 04:58 PM

“Now for once please, please explain how I have been found to be a fraud (even by you). Give me one example. I will make a bet with you, if you can I will donate $l00.00 to WMW...”
Sage

“SDV (11/28 4:21AM) Again you do a spin on the subject. Wikipedia does not quote exactly what Ron Paul says in its entirety. This is what a poster wrote on their. Go to his library and read exactly then you “might” comprehend.”
“You have once again proved SDV that you are the fraudelent character as you only answer that which you want and give it an excellent spin to fit into your perception.”
“Prove what I orginally posted and I will pay up.’
The Sage in
Wednesday, November 28 at 11:22 AM

Does being a Panamanian swamp weasel also make you a little welcher ‘Sage’?

From Romans 13: 13-14
13Let us walk honestly, as in the day; not in rioting and drunkenness, not in chambering and wantonness, not in strife and envying.
14But put ye on the Lord Jesus Christ, and make not provision for the flesh, to fulfil the lusts thereof.

Let us make provision for getting America loaded with Ron Paul. After all it was “Dr.” Timothy Leary as another earlier Libertarian clown.

“Good laws have their origins in bad morals.”
Ambrosius Macrobius

SanDiegoView in ‘Sage’ owes WMW a C note
Friday, November 30 at 06:01 AM

You were given the quotes from Ron Paul himself and then you ran and hid for 2 weeks -

The Case for Drug Legalization
by Ron Paul, MD
www.totse.com/en/drugs/legal_issues_of_drug_use/ron_paul.html

“Urban street crime, which terrorizes millions of Americans, is largely the creation of the U.S. drug laws. That alone is reason enough for legalization.”
Dr. Ron Paul

Pay up Sage. Or run out again like the little welsher and fraud you are.

SanDiegoView in
Sunday, December 16 at 11:16 AM

Ken,

I checked out the Constitution myself and could find NOWHERE, where it says that an employer is responsible for their workers health insurance.  As for the government being responsible for the citizens healthcare, they did that long before Wal-Mart started, when they created government sponcered WELFARE.  If they didn’t want to be responsible, they should never have passed the laws mandating them to do it.  If you don’t like it, I suggest you have them change the laws and stop saying it’s Wal-Mart’s responsibility, IT"S NOT.

Tommy in
Monday, December 17 at 02:19 AM

its companies own decision whether to offer benefits or not.

matthew vantress in gresham oregon
Monday, December 17 at 06:05 AM

DAMN, “Tommy”!  Get Current!

If we have to keep reading your tripe, would you at least get current.  “The Constitution,” what it “says” and what it “doesn’t say,” was beat to death with a club over a year ago on this blog.

ScrewedbyWal-Mart in Anytown, America
Monday, December 17 at 07:53 AM

hey richard www.supermarketswindle.com.look at it and then come back on here and tell me how stupid i am.

Amazing, Mr. Greenwald is now pouncing on “big grocery” - thanks, Matthew.

What does this mean for our very own Mr. Screwed?  Will we see him roaming the Kroger parking lots, next?

God, I hope not.

bbrd in
Monday, December 17 at 09:59 AM

Don’t the grocery stores have to be competitive with Wal-Mart?  NO – Wal-Mart has a tiny 1% of the Southern California grocery market.~Robert Greenwald

So, what’s the big deal, SanDiegoView????????

bbrd in
Monday, December 17 at 10:01 AM

“It may be true, that Wal-Mart’s employees on welfare, may exceed other retail companies, but, it is also true, that no other retail company even comes close in number of employees”

Tommy, actually in many of the states that track this info Walmart isn’t the biggest employer but still has more employees on welfare.  And in states like Washington where there are just as many Safeway employees you will see Walmart has twice as many employees on public assistance.

Corgishepmom in Irrigon, OR
Monday, December 17 at 06:34 PM

I looked at the Supermarket Swindle site and 20,000 children of the grocery workers in Southern California being without healthcare is somewhat impressive.  But once you see more Walmarts infest that area you will likely see that number multiply quite a few times over.  One need only look to the state of California as a whole to see the writing on the wall.

To quote facts from Robert Greenwald’s other documentary.

“In 2004, a study released the UC Berkeley Labor Center found that “reliance by Wal-Mart workers on public assistance programs in California comes at a cost to taxpayers of an estimated $86 million annually; this is comprised of $32 million in health related expenses and $54 million in other assistance.”

Corgishepmom in Irrigon, OR
Monday, December 17 at 06:59 PM

corgi 20,000 without health insurance that is impressive which should encourage you folks not to buy one word of the propaganda that the ufcw union sells you on wm.hell they cant even get decent benefits for workers and their kids when at the same time they bitch about walmarts benefits.corgi what you dont get is walmart dont dictate to union grocers by moving into their area what the union grocers pay their workers and what benefits they get.that is solely the union grocers decision not wms.the people on food stamps and welfare at union grocers is the fault of the union grocers and the ufcw union for not paying and fighting for living wages and benefits not walmart.no one forces walmart employees to stay there corgi.obviously most of them are very happy with wages and benefits otherwise they would have quit a long time ago and found or at least made a thorough effort to find a better job thats what you wm haters fail to understand.govt stat scorgi lie all the time.the last person in the world i will believe on anything is the govt.

matthew vantress in gresham oregon
Wednesday, December 19 at 06:40 AM

So let me get this straight?  Robert Greenwald’s stats are correct in the supermarketswindle doc, but according to you he is lying in his other film about Walmart?  Jeez, you are so damn narrow minded.  Believe it or not, I know it’s a hard pill for you to swallow, but there are more WM employees on welfare in the state of California.

You can cherry pick the info all you want and even go county by county if you want WM to come out smelling like a rose.  Sure, the stats will be in their favor when you look at areas where they are only 1% of the competition...lol!

And yes, it is a sad state of affairs when only 53% of those Union grocery employees in southern California have health insurance.  But even sadder is that is still a bigger percentage than the amount of WM employees that have healthcare.  Which according to Walmart’s own website is 46%.

Corgishepmom in Irrigon, OR
Wednesday, December 19 at 09:06 PM

You’re doing excellent research, Corgishepmom. ^5!

Ken V in Texas
Sunday, December 23 at 05:48 AM

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