Legal Blog: Pregnant Woman Denied Water

WHERE is the justiification to DENY ANYONE WATER OR BATHROOM BREAKS??WHERE IS THE JUSTIFICATION TO DENY WATER,RESTROOM BREAKS, BUT FORCE EMPLOYEES UNDER DURESS TO SIT THROUGH POLIYICAL INDOCTRINATION-WERE THEY ALLOWED WATER AND TOILET BREAKS AT THE POLITICAL MEETINGS?

WHERE is the justiification to DENY ANYONE WATER OR BATHROOM BREAKS??WHERE IS THE JUSTIFICATION TO DENY WATER,RESTROOM BREAKS, BUT FORCE EMPLOYEES UNDER DURESS TO SIT THROUGH POLIYICAL INDOCTRINATION-WERE THEY ALLOWED WATER AND TOILET BREAKS AT THE POLITICAL MEETINGS?

Denying bathroom breaks?  They understaff and the result is constant missing of regular scheduled breaks.  The understaffing also results in their insistence that any man or woman on duty in maintenance clean not only their own gender’s bathrooms but those of the opposite gender.  This presents obvious problems as well.  The elderly serving as door greeters very frequently are forgotten for breaks for long periods of time or may never get one.  I have seen them begging for bathroom breaks from the over worked cart pushers. ha

I hope their Board of Directors and their greedy stockholders all burn in lava.  What a bunch of low lifes. 

When the Wal-Fart stockholders and Board of Directors go to the bank, they laugh up their collective sleeve at us because they think we’re all a bunch of fools.  They don’t really believe we can kick Wal-Fart’s behind.

Let’s prove the bastards wrong.  Don’t go there.  Talk to your friends about how shopping there puts money in fat cats’ pockets but robs the rest of us because we have to subsidize their lousy “healthcare” plan (because Medicaid is funded by STATES and the states use our tax dollars to fund Medicaid).  Explain that Wal-Fart counts on all of us to get addicted to the “feeling” that we’ve saved a few dollars.  They know we don’t feel the tax pinch except collectively, so they hope we’ll continue to ignore out own interests.

Fool the pin-headed toads!  Shop ANYwhere but Wal-Fart!!

Would WalMart deny a diabetic sales associate access to insulin while on duty??? Hopefully not!!  Oh, that’s right, this is WalMart… the almighty superstore… they can do as they please with no regard for others health or safety!

only morons like ddrb buy all this bullshit on this site.come on wm dont deny bathroom breaks.get your head out of your rear end ddrb.

This master-slave mentality is what is wrong with the Republican Party. Wall-Fart is part of that mode of thinking. We need some capitalism but this is going to far! When profits are more important than people its time for some socialism! Yes the “S” word. VOTE DEMOCRATIC OR ALL OF US WILL END UP AS ECONOMIC SERFS!

I have yet to see anyone be denied a bathroom break and if someone has a doctors note managers usually go out of there way to follow it if for no other reason than to avoid lawsuits. These stories are either made up/exagerrated or isolated incidents by a few idiotic managers.

Dave: Just because YOU haven’t personally seen it ,doesn’t mean it hasn’t happened or that these practices don’t exist. I’ve never seen God,either,but does that mean He doesn’t exist?

...or isolated incidents by a few idiotic managers.

Observer’s interpretation - it’s not “the norm”...right, Dave?

I have never seen this practice before. I have worked the fitting room and there are plenty of associates that come by to give you a bathroom break and If not I have called management over so I could use the restroom.  As far as carrying water we do it all the time and no one has a problem with it. Maybe as stated before the management team are jerks in that store.

Debbie: Managers being jerks does NOT mean the incident DIDN"T occur.

I agree, but just because it did or didn’t happen doesnt mean all Wal Marts are bad. I know if it wasn’t for my Wal Mart I wouldn’t have a job because of my age. I have retail experience up the yahoo but you think I could get hired let’s say like a brand new store like Kolhs, not. I hear alot of bad about Wal Mart but no one ever talks about the good. And as far as Insurance goes mine is good as a Wal mart employee.

Debbie: I am pleased that you have had a good experience,and feel your life is improved through your afiliation with WalMart. This however, is not the case for many. There has been a continuous drumbeat of denial by certain bloggers here that REFUSE to ACCEPT ANYTHING unflattering to WalMart-even cases where the evidence and the dollar judgments CLEARLY prove otherwise.THAT is the distinction I was attempting to illustrate.

BTW,Debbie, as a female ,this story may be of particular interest to you,or it should be-to ANY woman. Are you aware of this?~~~~~~~~~~ HOW can WalMart PR ever hope to defend the indefensible in this legal case of inhumanity and callousness?? :By H.J. CUMMINS, Star Tribune

Last update: July 1, 2008 - 9:11 PM

Wal-Mart Stores Inc. broke Minnesota labor law more than 2 million times over six years, routinely forcing some employees to work off the clock through lunch and rest breaks, a Dakota County judge has ruled.

The violations were willful, said District Judge Robert King in a ruling Monday in Hastings. They could bring a penalty of up to $1,000 per violation, which could mean a $2 billion fine for the world’s largest retailer. A jury will decide the size of the penalty during the second phase of the trial, expected to begin Oct. 20.

Nancy Braun, one of four named plaintiffs on the suit, said Tuesday that she was “ecstatic” about the judge’s decision. Braun, who worked in an Apple Valley store for about 14 months beginning in March 1998, said the store repeatedly didn’t find people to give her breaks when she was the sole cook and waitress at the store’s grill.

In several instances no one came in time for her to go to the bathroom. “I would end up soiling myself,” said Braun, now 53 and living in Rochester. “Sometimes I’d have other clothes with me in my locker, or they would say to me, ‘We have clothes in the store you can buy.’”

Braun said she kept complaining, “and they kept promising to get me help, but they never did it.”

In his ruling, King especially noted Braun’s treatment and a similar episode with a menstruating employee, calling it “dehumanizing and reprehensible” but also an “aberration.” ~~~~~~~~~~~~~~~~~~~~~

“This however, is not the case for many. There has been a continuous drumbeat of denial by certain bloggers here that REFUSE to ACCEPT ANYTHING unflattering to WalMart-even cases where the evidence and the dollar judgments CLEARLY prove otherwise”

Oh how wrong you are ddrb.  You need to take a much closer look at what a pro-walmart person says.  I have never denied that there are issues with Walmart and I will not stand up for them when they are in the wrong.  BUT it’s simple mathematics at work here.  If I have 1,000,000 things that can go wrong and I have 5 things that ACTUALLY did go wrong then to me that’s a VERY GOOD success rate.  What the anti-walmart stance says that there must be 0 things that can be wrong.  If not then it must be bad.  What’s your personal error rate in life?  How about your error rate in how you ended up living right next to a Walmart?  I highly doubt it’s perfection and that’s evidenced by your living conditions.

Anything of Walmart’s scale will always dictate there will be problems.  That’s life.  I could take the same type of stories some of these people talk about (and that’s assuming what they are saying is 100% accurate and without bias <g>) and apply them to ANY business and it still fits.

Maay : I know you will take ANY opportunity to take PERSONAL shots at me. The issue is WalMarts pattern and practice ,over years now, of forcing people to work off the clock.Admitted violations and milions of dollars paid for repeat violations. This is NOT an isolated incident. The judge in the above case states as much. Your crdinilty is in question when you state that you could take these stories and apply them to ANY business and they would still fit.Really? Can you imagine Exxon Mobil forcing their employees to pee in their pants or walk around in menstrual blood like WalMart was found guilty of?

That should read ..Your credibilty ...BTW,WHERE is YOUR outrage for fellow females forced to endure these indignities?

P.S.:You WEREN’T whom I had in mind when I wrote the original comment.

“personal shots”.  Who are you kidding?  All I spoke about was your accusation that walmart supporters “REFUSE to ACCEPT ANYTHING unflattering” about Walmart which is a blatent FALSE statement.  I backup up that argement, as Alex at WMW has requested, by showing the obvious mathematical errors in your claim and “extra points” by providing citations to your past statements as a major reason why you dislike Walmart.

The issues are not about Walmart but about business in general.  Anyone who believes that Walmart is the only business that does wrong things is living under a rock.  Want proof of that.... start your google searches on “business lawsuits” and you’ll be reading for YEARS.  You’re not going to find anything more credible than researching the facts which are blatently staring you in the face.  As for the stories people tell on this blog and a host of other blogs.... do you truely believe what they tell you is 100% fact and without bias?  TRUELY?

BTW, where is YOUR outrage for businesses other than Walmart who commit crimes every day?  Where is your outrage for small “mom and pop” stores that operate in the inner city and screw over their customers with MUCH higher prices because they are the only game in town?  Where is your outrage of all of the businesses out there that provide lower wages and minimal, if any, benefits to their employees as compared to Walmart?

Mary: You’re attempting to pull the illusionist trick again,and badly,might I add.The record of WalMarts guilty verdicts and the MILLIONS of $$$$$ paid to injured parties,attest to the truthfulness of the repeated ,willful pattern and practice of WalMarts’ violations of workers rights-not to mention pattern and practice of willful violations of trademark infringements,after repeated admonishment of court orders to cease and desist-see ADIDAS lawsuit on earlier thread.

BTW: For someone who has such an aggrandized sense of self-worth -as you have repeatedly stated in the past-PLEASE learn to spell the word TRULY-its not TRUELY.Just like when you spell PRAY as prey or PREACH as preech. Pray tell,you obviously don’t practice what you preach.

P.S.: TRULY,you don’t.

“Walmart ad uses Nazi Imagery” May 13 2005 the article ran on this site- A blast from the past or----------

Is walmarts personnel dept. still using the Nazi tactics?
seems so.

No illusion in my eyes.  I have never claimed that Walmart was innocent when it comes to commiting grievences and violating laws.  It’s your illusion that Walmart is the ONLY company guilty of it.  That’s the hypocracy or your statements.  If Walmart violates a law then by all means crush them!

btw, thanks for taking the bait on “TRUELY”.  That was too easy.  It fits your MO of half truths, lies and hypocracy.  You chastised ME and others for correcting poster’s spelling errors (which I have never done!) when you’re the TRULY guilty party and got caught red handed in your web if deceit.

But by all means keep up the long winded google postings in defiance of WMW’s request.  I never pictured you as one to follow the rules.

Mary: You can’t defy a request- a request indicates freedom of choice-voluntary acquiesence-UNLIKE MANDATORY attendance of WalMart managers -i.e.,DEMANDS by WalMart of its employees to attend anti-union meetings under duress!REMEMBER-Alex said for us to govern ourselves-WalMart and China governs THEIR employees and citizens!

BTW: Are you saying you are “baiting’ with your atrocious spelling-namely,grievance and hypocrisy in your above post?

<g>

Mary, are you trying HTML tags?

I’m proud of you!

It makes sense you have a problem with authority ddrb.  By all means I hope Alex and WMW see this side of you and help you find your way to the exit door.  At least the blog postings will contain alot fewer rambling google search results which will make life so much more pleasant for everyone.

btw “grievences” and “hypocracy” were honest spelling errors on my part.  But then again your constant complaining of spelling issues with posters on this blog just continues to reinforce how little you bring to the table.

Mary: Thanks for the best laugh I’ve had in a long time! Problem with authority???LOL!!!

I work within COSTCO and I have the same problems.  And people PAY to shop there.  I don’t get 15 min breaks and I have to rush to the washroom and run back.  But if it’s busy, I don’t GET a washroom break. And I have a condition (kidneys) and I need water too!  We are not allowed to have water at our tables (I give out the free samples)So it IS happening elsewhere. Please note tho, I work for a company WITHIN COSTCO(not COSTCO itself) found another job, (NOT retail)I don’t have the energy to fight the system. I DID mention it to my boss.  Thanks for speaking up for people like me.

By all means I hope Alex and WMW see this side of you and help you find your way to the exit door.

Doubtful, Mary—Ms. Goldschmidt has already stated that the WMW staffers are not going make their careers of “policing” this blog (those rules Alex laid-out were, more or less, “suggestions").

Case in point - our poet has returned (and he/she was specifically-mentioned in Alex’ blog posting).

OTOH, if it were you or myself carrying-on like that person whom you are currently sharing words with in this thread, we would’ve been shown the door, earlier this week…

At least the blog postings will contain alot fewer rambling google search results which will make life so much more pleasant for everyone.

One could only hope—in the meantime, I’ll continue to keep observing…

Some important points to bring-up concerning Ms. Davies’ post…

I work within COSTCO and I have the same problems.

The key word is “within”, meaning she does not work for Costco Wholesale, itself (she obviously works for a contractor).

And people PAY to shop there.

True, as with any store which has “club” in its’ brand name (BJ’s, Sam’s, etc.).

I don’t get 15 min breaks and I have to rush to the washroom and run back.

My question to Brenda is does she work an 8-hour day? 

From my experiences, regardless of who you work for (and what sign is hanging on the outside), if you’re working an 8- hour shift, you are supposed to get two 15-minute (paid) breaks and a 30-minute (unpaid) lunch.

At the very least, if you are working less than 8 hours, you should get one 15-minute paid break.

Of course, you stated you are in Canada, so perhaps the labor laws in your country/province are different?

But if it’s busy, I don’t GET a washroom break. And I have a condition (kidneys) and I need water too!

Do you have a note to your employer from your doctor stating this?  If you do, and something should go wrong, your employer could be in a lot of hot water…

We are not allowed to have water at our tables (I give out the free samples).

Understood—as you are in the food service business, there may be specific rules about having non-work-related food/drink in your work area (she is obviously one of those “free sample” people who works for an outside vendor who demonstrates food products sold at Costco).

So it IS happening elsewhere. Please note tho, I work for a company WITHIN COSTCO(not COSTCO itself) found another job, (NOT retail)I don’t have the energy to fight the system.

It’s probably in your best interests to move-on.  Large-format retail, in general, can be a demanding job which is not meant for everyone.

I DID mention it to my boss.  Thanks for speaking up for people like me.

Given your employer’s relationship with Costco, I seriously doubt you are going to find any assistance from anyone in a position to help—good luck, though…

I have to say that one case about the woman who was denied to carry a water bottle due to her condition was a sad story for Wal-mart.  It tarnishes their image because of management at that store.  It should not reflect Wal-mart in general as a retailer or corporation.  It was not corporate’s decision to deny her to carry a water bottle.  My point is that it could have happened at any retailer - Kmart, Target, etc.  It’s management that was at fault here, not corporate.

Andy: Did you read the commentary upthread about the 2 million off the clock violations, which the judge deemed willful because of a pattern and practice over years and repeitive lawsuits? In this suit,women were denied bathroom breaks and menstruating women were also denied bathroom breaks. He termed WalMart’s treatment inhumane and aberrant. Think 2,000,000 off the clock violations is just one manager. Have you read the case upthread?( Look up at thread,August7 .11:44 A.M.-an article from the Star Tribune.)

Yes I read it but I was not commenting on that.  I commented on the article about the woman who was denied to carry a water bottle with her due to her condition.  If you can please respond to my comment with something regarding the topic of my comment, not regarding something else, I will gladly elaborate or discuss.

Andy: Get over yourself. All I asked was if you had read the article upthread-I didn’t ASK YOU to elaborate. I think your defensive response says pretty much what I suspected,anyway.

ddrb,

“I think your defensive response says pretty much what I suspected,anyway.”

And, what was that, that Andy might have a brain and wouldn’t fall for your distractions?

Thank you RDS.  Yes, ddrb, I did say I read the thread/case about Walmart.  What more do you wish for me to say?  I simply did not wish to comment on that because I do not have access to the court papers.  And whatever was written by a newspaper columnist is subject to distortion and/or exaggeration of any one of the main points in the case.  I work with attorneys, so I know that court papers are the best source of information to read to analyse the situation, not a columnists article.  Have a good night.

Andy: You aren’t the only one familiar with jurisprudence. Once again,I asked only if you had read the article upthread. You answered way more than I asked. This entire case,with thhe link to original filings was delineated on this site on a thread entitled"WalMart Has Its Lawyers Working Overtime”....Minnesota Plaintiffs

The Minnesota plaintiffs are Nancy Braun, who worked at a Wal-Mart store in Apple Valley; Debbie Simonson and Cindy Severson, who worked in Brooklyn Park; and Pamela Reinert, who worked at stores in the Minneapolis-St. Paul area. Each said she worked off the clock and was denied meal and rest breaks.

Wal-Mart’s own audits found that its hourly workers were missing rest and meal breaks, King said. Wal-Mart argued at trial the audits were unreliable, he said.

“Wal-Mart management responded to the audits with no action,’’ he wrote. “They put their heads in the sand.’’

King said the evidence didn’t support workers’ allegations that Wal-Mart managers falsified records by inserting meal breaks into employee records.

The case is Braun v. Wal-Mart Inc., 19-CO-01-9790, District Court, Dakota County, First Judicial District, Minnesota (Hastings).

Wal-Mart Faces $2 Billion Labor Law Trial, Judge Says [Bloomberg]

Wal-Mart broke Minnesota labor law, judge rules [Minneapolis Star Tribune]

Wal-Mart workers win big award, Frank Azar says [Rocky Mountain News]

Like Clock Work: Wal-Mart faces 80 class-actions, most from off-the-clock allegations [Northwest Arkansas Morning News]

County of Dakota, Minnesota: District Court Order

Posted by Corey Himrod on Tuesday, July 01, 2008~~~~~~~There are MANY sources to chose from-you’re entitled to your own opinions,not your own facts.

Ok, to answer your question, yes, I read the article/case above.

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