Walmart is confident in what it says is above-average pay it offers its drivers and takes issue with a decision Thursday by a federal appeals court denying the company’s bid for a rehearing on a class-action lawsuit over back wages.
“We continue to believe that our truck drivers are paid in compliance with California law and often in excess of what California law requires,” the company said in a statement to FreightWaves. “We are proud that our drivers are among the best paid in the industry, earning, on average, between $80,000 to over $100,000 per year. We disagree with the decision.”
Walmart (NYSE: WMT) in January petitioned the U.S. Circuit Court of Appeals for the 9th Circuit to reconsider an appellate panel ruling that the company had to abide by a lower-court decision in which the jury awarded $54.6 million to a group of California-based drivers compensating them for 10-hour end-of-shift layovers, sleeper-berth rest breaks, and inspections.
The three-judge panel from the 9th Circuit found that the drivers were entitled to compensation under California law because Walmart had exercised control over their schedules during mandated layovers and other breaks. State law requires that employees be paid a minimum wage covering the entire time they are under an employer’s control. Cases such as these hinge on the magnitude of an employer’s control rather than whether an employee is required to work.
But the drivers argued that they should be paid the additional wages, which would be equal to the difference between Walmart’s “layover fee” and the minimum wage they would be entitled to under state law. The ruling covers employees who drove for Walmart from 2004 to 2015 and is the latest action in a case that stretches back over a decade.
The panel dismissed Walmart’s claims that its already well-paid drivers should have the disputed wages effectively rolled into their salaries.
Walmart told FreightWaves that “it is early since we just received the ruling and no decisions have been made as to next steps.”
The American Trucking Associations, which along with the California Trucking Association, CRST Expedited Inc. and U.S. Xpress Inc. [NYSE: USX] filed a petition in support of Walmart, was not immediately available to comment.
Renee Perri
Anthony sleevar ……your a moron and know nothing of what union representation is about obviously….that’s EXACTLY why someone of YOUR caliber will work ALL YOUR PITFUL LIFE and end up with just a few misley bucks from social security you putz….while smart people WILL HAVE a retirement like I have a month of 3 grand OR MORE… plus another 1,800 in Social Security starting in April if I so choose to put in for it than . I was a Teamster at a union company driving truck ……been retired a few years and KNOW WHAT IM TALKING ABOUT because I lived it for 30 years making more yearly than you’ll ever see AND WHAT I MAKE IN RETIREMENT NOW . I have close friends that lived it and make more in retirement than I do , so shut your pie hole and step down off your little gear box because YOUR A LITTLE MAN with a big mouth & a shit opinion because unfortunately you were never smart enough to go to work for a union company…….YOU obviously DONT have a clue WHAT YOUR END GAME IS….do you ? Apparently not if you think you’ll make it on WHAT you earn now for the rest of your ignorant life ….and might as well forget retirement because YOU WILL be working till you drop . Shouldnt try to give counsel on things you know NOTHING ABOUT….I ALMOST feel sorry for you over your lack of knowledge ….but your big mouth , crappy attitude & pea brain shows WHAT your made of ….which isnt much !
John H
Of course the ATA supports Walmart. They are getting paid millions by Walmart to fight against truckers everyday. The ATA is the lobbying arm for the mega carriers. The ATA is the enemy of humanity and truck drivers everywhere. I think I’m going to throw up. I agree with the ATA here. You’re making $72K per year. You get inspected by the Gestapo, you sit there, shut-up, and drink the kool-aid it took you to get the job with Walmart, and you don’t get paid for it. If Walmart could pay you $8/hr like they do their little cashiers, they would. The max we can squeeze out of Walmart right now is 90K to haul their crap. Not a dime more…
ThaGearJammer25/8
here at Walmart now. They fired the cleaning lady…. to cut costs and now maintenance is responsible for that too. Driver check in guy making 19 an hour been with the company 13 years. Starting pay for 2nd shift is 21. Unions only have a bad rep because of corruption within and “lazy guy” workers should have some clout because it TAKEs EVERYBODY! A smart CEO isn’t much by himself? Maintenance guy sad one of the Walton daughters made 4 billy last year and never stepped in a store.
William Kilby
I guess companies should stop paying bonuses to CEO’s, if we are to follow Walmart’s logic, because they are all well compensated. Sometimes even while they are running into the ground.
Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! UNITE , CONQUER , & YOU'LL PROSPER ! IMHO
Google it and check it out on YouTube : LOL !
Wal Mart Union Busting Employee Video
It’s quite a misleading video with all sorts of misinformation obviously trying to dupe and CONvince the gullible, ignorant, and uneducated .
Wal-Mart , ya make me laugh ! Why don’t you mention that you fear unions so much that you even close down stores when they get voted in ? LOL !
Quote:
Supreme Court Of Canada: Wal-Mart Must Pay For Closing Unionized Store
Quote :
‘Union: Walmart shut 5 stores over labor activism”
Walmart ! All you have to do is treat employees better . If you treat them well then they won’t seek labour unions ! WAKE UP ! It’s that simple ! IMHO
Quote:
May 11, 2018
Walmart acknowledges labour violations, permits union logos
Managers suggested stores would be closed if employees moved to organize and threatened to “shoot the union,” according to a copy of the settlement. They also told employees who participated in the walkout that they would be looking for new jobs.
“Although Walmart maintains its belief that it acted lawfully, Walmart acknowledges the board found it violated the act and has agreed to take remedial action as stated in this agreement,” the settlement said.”
Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! UNITE , CONQUER , & YOU'LL PROSPER ! IMHO
Check out their “CONtradiction”
REQUOTE !
“Although Walmart maintains its belief that it acted lawfully, Walmart acknowledges the board found it violated the act and has agreed to take remedial action ”
LOL !
If they “believe they acted lawfully” , then why are they “acknowledging violating” the act ??? Then agree to take “remedial action” ???
Walmart is a kindergarten level manipulator , that’s why ! LOL !
In my HUMBLE opinion …………..
anthony Sleevar
why would they want to make a bad thing worse by UNIONIZING THAT ONLY WILL MAKE IT WORSE the union isin’t going to help them only screw them for there HARD EARNED money SCREW THE UNION
Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! UNITE , CONQUER , & PROSPER ! IMHO
You should elaborate a little more on your hypothesis . Try not to generalize and be specific .
Renee Perri
Anthony sleevar ……your a moron and know nothing of what union representation is about obviously….that’s EXACTLY why someone of YOUR caliber will work ALL YOUR PITFUL LIFE and end up with just a few misley bucks from social security you putz….while smart people WILL HAVE a retirement like I have a month of 3 grand OR MORE… plus another 1,800 in Social Security starting in April if I so choose to put in for it than . I was a Teamster at a union company driving truck ……been retired a few years and KNOW WHAT IM TALKING ABOUT because I lived it for 30 years making more yearly than you’ll ever see AND WHAT I MAKE IN RETIREMENT NOW . I have close friends that lived it and make more in retirement than I do , so shut your pie hole and step down off your little gear box because YOUR A LITTLE MAN with a big mouth & a shit opinion because unfortunately you were never smart enough to go to work for a union company…….YOU obviously DONT have a clue WHAT YOUR END GAME IS….do you ? Apparently not if you think you’ll make it on WHAT you earn now for the rest of your ignorant life ….and might as well forget retirement because YOU WILL be working till you drop . Shouldnt try to give counsel on things you know NOTHING ABOUT….I ALMOST feel sorry for you over your lack of knowledge ….but your big mouth , crappy attitude & pea brain shows WHAT your made of ….which isnt much !
ThaGearGammer25/8
Every minute, Walmart’s founding family earns a whopping $70,000. That’s $4 million every hour and $100 million every day.
God Bless them for all their hard work! And to all of America for subsidizing their workforce! Were all in it together!
Weve been waiting for a Walmart load for 17 hours. Total time in load (32 hours estimate) At the price of 550 for $17 an hour! God bless them we just wanted a quick little backhaul.
Including benefits and bonuses, the average wage for a full-time, hourly worker at Walmart is $14.26 an hour.
Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! UNITE , CONQUER , & YOU'LL PROSPER ! IMHO
Quote:
“Walmart told FreightWaves that “it is early since we just received the ruling and no decisions have been made as to next steps.”
The next thing to do would be to do the right thing AND PAY YOUR “ASSOCIATES” aka employee truck drivers accordingly rather than entice them to UNIONIZE due to ill treatment !
Let’s see if Walmart will act like an honorable employer and do the SMART thing ! So far Walmart has been fighting to get away with acting unethically with their “associates” . Tsk , tsk , tsk !
Furthermore Walmart employees aka associates should continue to push and strategize UNIONIZING !
Wake up Walmart truck drivers ! Walmart can’t transport their goods without you ! Walmart is it’s own poison . Their unethical business mentality is what will eventually get employees to succeed in unionizing !
UNIONIZE !
IMHO
Rajanikant Tripathy
Very good article. Please follow ieselectricals.com