Class Action Suit To Proceed In Washington

Attorneys in Washington are in the process of notifiying current and former Wal-Mart employees that they are part of a state-wide class action lawsuit against the retailer.

The case, Barnett v. Wal-Mart, was initially filed in King County Superior Court back in September of 2001 and is set for trial in the spring of 2009. In its notice released on Friday, the Seattle law firm of Tousley, Brain & Stephens, PLLC, said that while the case was originally certified as a class action in October of 2004, it has been on hold for over three years while Wal-Mart appealed the certification to both the State Court of Appeals and the Washington State Supreme Court. The State Supreme Court denied Wal-Mart’s request for review, paving the way for the case to head to trial.

The class now stands at over 75,000 current and former employees, though it is expected that some will opt out of the lawsuit over fears of retaliation from Wal-Mart. Wage & hour suits in California, Colorado and Pennsylvania have already cost Wal-Mart over $350 million dollars, and attorneys in Barnett have suggested that damages here could rise into the tens of millions of dollars as well. And as you can see here, there are plenty more on the way for a company apparently allergic to paying its employees for overtime, etc.

You can click here for more information on the lawsuit.

75,000 plaintiffs notified of Wal-Mart lawsuit [Seattle Post-Intelligencer]

Letters were set be mailed Friday telling 75,000 current or former Wal-Mart workers in Washington that they are plaintiffs in a statewide class action against the retail giant.

The mailing is the latest development in the suit, which was filed nearly six years ago in King County Superior Court.

Set for trial in the spring of 2009, the suit is “the largest wage-and-hour class action ever certified in Washington state,” class counsel Beth Terrell of Tousley Brain Stephens PLLC in Seattle said Friday at a news conference.

“The workers will prove that Wal-Mart failed to pay workers for some of the time they worked and deprived them of legally required meal and rest breaks,” Terrell said. “Wal-Mart’s drive for profits has come at the expense of its low-wage employees.”

She estimated that damages against Bentonville, Ark.-based Wal-Mart Stores Inc. will total tens of millions of dollars in wages wrongly withheld from workers.

In Washington, the company operates 46 Wal-Mart stores and three Sam’s Club stores, employing 12,000 to 15,000 workers, Terrell said. Any worker employed at a Wal-Mart or a Sam’s Club between Sept. 10, 1997, and the present is automatically a member of the class, sharing in any benefits resulting from a verdict or settlement.

Workers may opt out of the suit if they choose, and Terrell said she expects many current employees to do so, fearing retaliation.

Lead plaintiff Georgie Hartwig Knoles said she worked for more than seven years at the Wal-Mart in Colville, where the store is the Eastern Washington city’s largest employer.

“I put in two to five hours a week every week without getting paid, just to get my job done,” Knoles said Friday.

“Once I clocked a few minutes over 40 hours per week. I got called into the store manager’s office, him and an assistant manager. They flat-out told me, ‘If it happens again, you’ll be terminated.’ “

She said she’d like to be compensated for the hours she worked.

“I’d also like to see Wal-Mart go back to treating the little people who are doing the work the way (founder) Sam Walton wanted them treated—like they were human beings,” she said.

Terrell said nothing has changed since Knoles was laid off from Wal-Mart in October 2001.

“We continue to hear the pressure is the same on the employees to get their work done, and every year, the store manager is expected to reduce their payroll by 0.2 percent while sales go up,” she said. “We think the amount of off-the-clock working has gone up.”

Wal-Mart has acknowledged in some cases giving one minute of compensation for an entire day’s work and otherwise manipulating workers’ time records, Terrell said.

“What’s unique is the shamelessness,” Terrell said. “The documents we’ve seen are stunning.”

Similar class actions against Wal-Mart have been filed in more than 35 other states. Four have gone to trial and been resolved, all in favor of the plaintiffs, Terrell said.

In California, plaintiffs won a judgment of about $167 million. A Pennsylvania suit delivered a judgment of $151 million, and a suit is currently being tried in Minnesota.

“We’re hoping that with five or six more (judgments) against them, even Wal-Mart can’t afford this cost of doing business,” Terrell said.

Wal-Mart spokesman John Simley on Friday called the adverse decisions “deeply flawed” and said the company “obviously” intends to appeal them. He said courts in 18 states have refused to certify the class in these suits.

“Wal-Mart is committed to treating its associates fairly and in accordance with the law,” he said. “The company has very clear policies on meal and rest breaks, and in most cases, those policies do more than is required by the law.”

The Washington suit was filed in 2001, but an unappealable ruling certifying the class was just won in May.

Posted by Corey Himrod on Monday, December 03, 2007

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COMMENTS

i wonder if target,costco,macys and places you haters shop at regularly at did this or were accused of this garbage would they get sued ,or would we hear any bitching and hollering from you folks the same whining you always do on walmart?of course not.i dont buy any of this crap.lazy employees are just pissed off because they didnt do their jobs properly so they stoop to the level of suing walmart because they are too lazy to do a respectable job.go figure.picking at strawsagain.

matthew vantress in gresham oregon
Tuesday, December 04 at 05:54 AM

Apparently you have missed the relevant points again vantress.

“What’s unique is the shamelessness,” Terrell said. “The documents we’ve seen are stunning.”

Similar class actions against Wal-Mart have been filed in more than 35 other states. Four have gone to trial and been resolved, all in favor of the plaintiffs, Terrell said.

In California, plaintiffs won a judgment of about $167 million. A Pennsylvania suit delivered a judgment of $151 million, and a suit is currently being tried in Minnesota.

“We’re hoping that with five or six more (judgments) against them, even Wal-Mart can’t afford this cost of doing business,” Terrell said.

At the moment that is $350 million in straws and rising fast.

“The propagandist’s purpose is to make one set of people forget that certain other sets of people are human.” Aldous Huxley, The Olive Tree (1937)

Catch up on reality vantress and then get back to us.

And stop smokng that WalMart crack!!

SanDiegoView in
Tuesday, December 04 at 08:22 AM

metthew.i think the bithchen an chewin from the walmart employees that is leaden to the lian can stop if the bitchers would go to the expensive macy’s costcos and targets cause those expensive labor places with ufcw folks can bring the crap that chinas got with a little cheaper price.picken at straws again.see ya soon matthew my bro.

friend of matthew vantress in gresham oregon
Tuesday, December 04 at 11:41 AM

stop smoking your ufcw union crack sdv.i read the story you moron.its all bs and propaganda.im sure the suit will be thrown out and has no merit.you are so misinformed sdv and are not smart enough to realize all the bs and lies the govt,ufcw and internet blogs do on wm all the time.not everything on the internet is truthful sdv.

matthew vantress in gresham oregon
Wednesday, December 05 at 06:20 AM

matthew, this may help you with some of your problems.

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We are a highly skilled panel of experienced mental health practitioners who treat all mental and emotional disorders as well as help people deal with difficult and challenging life problems.

Oregon Mental Health Associates members provide outpatient psychotherapy and counseling to fit your health plan. Counseling modalities include Individual, Group, and Family.

A Statewide Managed Behavioral Health Organization
http://www.oregonmentalhealth.org/

Dr. Julian Goldstein in
Thursday, December 06 at 02:09 AM

dr i suggest you pull your head out of the sand.you dont know me personally and have never met or talked to me personally.that leaves you highly unqualified to give a medical opinion on whether i need help or not.

matthew vantress in gresham oregon
Thursday, December 06 at 06:11 AM

matthew vantress, you have already shown that you are disconnected from reality and it is easy to pick up on. Even the mental health non professional readers can see that you are a obsessive-compulsive. The reason you lie about things and are so defensive is not based on retail ideology but the empty and self destructive life you obviously have while living barely sheltered from the storms of inconvienent reality. I estimate that you have probably been fired from at least 5 or 6 jobs and are terribly unhappy at life. You argue with people at whatever work you can find and clinical resources could help you with your anger issues. You do need professional help.

Soupy Sales in
Thursday, December 06 at 09:11 AM

lie about what soupy?point it out to me what have i lied about on here because i dont see it.i worked retail soupy unlike you pal and knowthe insand outs of how it operates unlike you sir.you are no medical doctor sir.i have a right tomy opinion .just because i disagree with you dont mean i need help.i worked retail and grocery unlike you and knowhow they operate and sorry to burst your bubble that is not a lie pal.you cant judge someone on their online posts and tell whether they need help or not without knowing them personally sir.some folks online unless you are too stupid to notice are very passionate in their opinions and we need help because of that?sorry buddy go back to school and get some education sir.

matthew vantress in gresham oregon
Thursday, December 06 at 07:34 PM

What they are saying vantress is that you do lie, are irrational and I would add have never even once backed up (because you can’t) the fiction you dump here. Additionally your comments are invective hatred for people I believe based on your not having preserved a social conscience. WalMart is an ‘obsessive complusive’ disorder and subject for you (where ddrb correctly asks and you never responded ‘if you worked there’) probably because you were caught up in their anti-union cult programming that left you with a dead conscience now on display at WalMartWatch.

SanDiegoView in
Friday, December 07 at 06:48 AM

Ok I call for all anti WM posters on WMW to boycott Matthew. I say we also boycott WMW unless they boot Matthew from the site. Strength in numbers, lets get this done. Nobody acknowledge the existence of Matthew Vantress and everyone refuse to post unless Matthew is banned from WMW. We can do this people.

Sick of WM in
Friday, December 07 at 09:28 AM

sdv you cant back up any of your lame bs shit postings on wm.and you have no answer when i asked you why so many folks at the ufcw local 135 grocery stores and ufcw union grocery stores across america you shop at and love to death have so many workers at the bottom end of the wage scale on food stamps and welfare because they are paid poverty level wages and dont and cant get enough hrs and make enough money to get halfway decent benefits so they can get off food stamps and welfare.you cant answer an honest question sdv which makes your postings prove you are full of shit.because you cant debate facts all you spew is false tired old govt and union propaganda

matthew vantress in gresham oregon
Friday, December 07 at 09:47 AM

Dr. Julian Goldstein in : Sir, do you provide web assissted therapy sessions? Physical distance makes personal appointments an impossibility for me-yet the repeated incantations of Matt Vantress constitute a form of repetitive torture and subliminal programming, IMHO.Should this continue,no doubt I will require professional services,as might others here. Do you have deprogramming modalities available? Thanking you in advance for any and all considerations.

ddrb in
Friday, December 07 at 04:02 PM

This is a funny thread. I can’t believe no one has made any couch references.

Voulez vous coucher avec moi.

Ken V in Texas
Saturday, December 08 at 05:59 AM

Ken V in Texas: Mon Roi,could you please,forthwith,tell me just what health plan you have,so,that I may contact them in an effort to purchase coverage through their company? My HMO has no such provisions for such aforementioned one-on-one therapy . I would be curious to review,in particular,the E.O.B.( Explanation of Benefits) that would correlate to this claim! Would it be considered MUTUAL benefits? (I suppose that would depend upon the number of sessions and the particular “a la modality” deemed approrpriate for the severity of the condition.) Merci,beaucoup!

ddrb in
Saturday, December 08 at 04:36 PM

How is this for a couch trip Ken?

“Chet, what the hell is gonin on down there?”

Dan Ackroyd in radio psychotherapist
Tuesday, December 11 at 04:18 AM

Why yes ddrb, I see the problem you have with this particular Hare Krishna type incantation from matthew. First, I recommend at least 1 hour of repetitive Roy Orbison (Go, Go, Go Down The line) for a deprogramming initiation pre wash. Follow this with another eyes closed 1 hour of repetitive Bitter Sweet Symphony (The Verve, Urban Hymns) for basic removal of any mental echo of imbecilic matthew existence angst burned against your retinas. Step 3 involves reading John chapter 3 and taking 4 shots of Kirkland signature Cranberry Juice cocktail (available ony at Costco) to remove the instinct of literary retaliation. Ironhead Dave did not perform the final step 3 while involved in the suicide/death/killing of EllisW (aka Nick) and his endless Ayn Rand chanting. Subsequently, Dave is having to spend a sabbatical year at the Institute for the Morally Justified.

Dr. Julian Goldstein in
Tuesday, December 11 at 04:54 AM

Dr.Julian Goldstein in : Sir,you have restored my faith in the mental health community. To so generously provide a treatment plan-AT NO CHARGE- Truly, this is the reason for the season! You are undoubtedly a holiday mensch!!May I ask, is this treatment rendered more effective in a horizontal or vertical position??

ddrb in
Tuesday, December 11 at 03:04 PM

This is a vertical only recovery program for victims. The horizontal and theoretical deprogramming approach for the subject matthew vantress himself is entirely different and involves 2 fat hicks both named Bubba having fun shooting vantress with a pair of tasers guns while he attempts to form a Ayn Rand/Scientology society cult amongst farm animals.

Dr. Julian Goldstein in
Thursday, December 13 at 06:54 AM

Dr. Julian Goldstein: Thank you once again for your timely response! May I ask, the two administrators,the Double Bubbas, are they using these two tasers alternately,or in tandem?Would it be impolite to inquire, exactly ,what farm animals you are referring to?Is there a particular breed that is more susceptible than others to this particular and peculiar cult’s conditioning methodology?Thanking you once again for any and all kindnesses.

ddrb in
Thursday, December 13 at 12:53 PM

ddrb, that would be alternately and in the competitive spirit endemic to hillbilly challenges involving electricity and gambling. The various farm species include razorback hogs predominantly and billy goats, while Panamanian swamp weasels, nine-banded armadillos, dogs, foxes and skunks are wanting to hear the Walmart gospel from this capitalist troubadour named vantress.

Dr. Julian Goldstein in
Friday, December 14 at 10:29 AM

Dr. Julian Goldstein in: Although I am not schooled in Freudian theory,would not this competition possibly originate from fear of inadequacy?My taser is bigger than your taser?I was confounded that sheep were not included in the barnyard review...I suppose that the “Sheeple” have been so thoroughly indoctrinated by now,taser treatment would prove unwarranted.Evidently,taser treatment has been rendered completely ineffective upon oxen,as there is such an inordinate amount of “bull” emanating from the Vantress virus. Perhaps a Vantress vaccine should be considered. With greatest appreciation and warm holiday wishes!

ddrb in
Friday, December 14 at 12:26 PM

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