Walmart challenges appeals court $55M ruling in trucker wage lawsuit

[Mike]

Shortly after a federal appeals court panel upheld a nearly $55 million trucker wage lawsuit against Walmart, the giant retailer has decided to continue fighting the verdict.

On Tuesday, Jan. 21, Walmart filed a request for an en banc rehearing with the Ninth Circuit Court of Appeals. On Jan. 6, a three-judge panel for the court affirmed a lower court’s award of $54.6 million to Walmart drivers.

Walmart had three choices: pay up, petition to the U.S. Supreme Court or request for all Ninth Circuit judges to rule on the appeal. The company chose the latter.

Walmart challenges appeals court $55M ruling in trucker wage lawsuit

Not willing to go down without a fight, Walmart is asking a federal appeals court to rehear a case that has awarded truckers $55M in lost wages.

landline.media

[HASH=90]#walmart[/HASH]

 

[Duck]

Walmart profits $40,246,575 per day.

And they're fighting this.

How Much Money Does Walmart Make in a Year? - Money Nation

Walmart makes $14.7 billion a year in profit and $482 billion a year in total revenue. That would make Walmart the 12th biggest country in the world, if it were a country. Walmart makes $40 million a day in profit and $466 in profit every second. Contrast that with the typical Walmart employee...

moneynation.com

 

[Mike]

Walmart profits $40,246,575 per day.

And they're fighting this.

How Much Money Does Walmart Make in a Year? - Money Nation

Walmart makes $14.7 billion a year in profit and $482 billion a year in total revenue. That would make Walmart the 12th biggest country in the world, if it were a country. Walmart makes $40 million a day in profit and $466 in profit every second. Contrast that with the typical Walmart employee...

moneynation.com

And they should be fighting this. I can't name one carrier that pays drivers better than Walmart, especially considering they get paid to sleep in their trucks.

 

[Sinister]

And they should be fighting this. I can't name one carrier that pays drivers better than Walmart, especially considering they get paid to sleep in their trucks.

We have a payroll announcement meeting soon. I’ll let you know if it remains the case.

 

[Sinister]

After reading the article, I think it’s probably going to the Supreme Court.

 

[Mike]

After reading the article, I think it’s probably going to the Supreme Court.

I would imagine it is. All of this nonsense coming out of there needs to be fought to the Supreme Court if possible.

 

[Duck]

And they should be fighting this. I can't name one carrier that pays drivers better than Walmart, especially considering they get paid to sleep in their trucks.

ALL carriers should pay as much or better than Walmart. This mentality among truck drivers that seem to think working for peanuts and wages that haven't increased with inflation in 40 years is acceptable is just insane. It's collective retardation.

A company that makes over 40 million profit PER DAY fighting savagely to avoid a 55 million dollar settlement for a wage matter is exactly the kind of thing that makes economically illiterate people hate unrestricted capitalism and support insane nut jobs like Bernie Sanders.

How much do you profit in 1.36 days? A few hundred? If someone successfully sued you for 1.36 days worth of profits, would you fight it all the way to the Supreme Court?

This is petty as hell.

 

[Mike]

ALL carriers should pay as much or better than Walmart. This mentality among truck drivers that seem to think working for peanuts and wages that haven't increased with inflation in 40 years is acceptable is just insane. It's collective retardation.

A company that makes over 40 million profit PER DAY fighting savagely to avoid a 55 million dollar settlement for a wage matter is exactly the kind of thing that makes economically illiterate people hate unrestricted capitalism and support insane nut jobs like Bernie Sanders.

How much do you profit in 1.36 days? A few hundred? If someone successfully sued you for 1.36 days worth of profits, would you fight it all the way to the Supreme Court?

This is petty as hell.

If we were talking about the thousands of trucking companies that pay drivers $50-80K per year, I could see your point.

I think the folks being petty in this case are the ones who are working for the highest paid trucking company in the industry and now suing for more money. In the end, if walmart loses, you will see walmart contracting the transportation our to other carriers, and those delivering the loads will go from making income that potentially surpasses 6 figures, to doing the same job for Crete/Schneider/Jb/Swift or some other carrier for $60k at best.

They may win the lawsuit, but they will lose out in the end.

 

[Johndeere4020]

I read the article linked but I’ve done no research, what’s the basis of the original lawsuit. All I read was Walmart was controlling the driver but not paying them on break.

 

[Mike]

I read the article linked but I’ve done no research, what’s the basis of the original lawsuit. All I read was Walmart was controlling the driver but not paying them on break.

In a nutshell, they are suing because they don't get paid enough while they are on their 10 hour break. It's one of the only companies I know of that pays the drivers anything while taking their break, but these folks are suing because the amount is too low.

 

[Johndeere4020]

In a nutshell, they are suing because they don't get paid enough while they are on their 10 hour break. It's one of the only companies I know of that pays the drivers anything while taking their break, but these folks are suing because the amount is too low.

Interesting, even a union driver usually doesn’t get paid on their break. I guess my question is what are they talking about the company exercising control over the driver while on break?

 

[Mike]

I guess my question is what are they talking about the company exercising control over the driver while on break?

They are expected to stay with the truck during their 10 hour break. Kind of like we all basically do when we are OTR anyway. I mean, some of us will occasionally get motels when we stay out for extended periods, basically as an escape from the truck, but these guys are back home for their 34 every week.

 

[Johndeere4020]

They are expected to stay with the truck during their 10 hour break. Kind of like we all basically do when we are OTR anyway. I mean, some of us will occasionally get motels when we stay out for extended periods, basically as an escape from the truck, but these guys are back home for their 34 every week.

Hmm, I’d have to think about that. If I wanted to Uber to a movie I should be able to. I know years ago the big construction company I worked for put mechanics on call in Saturday’s, the mechanics turned in 8 hours even though the didn’t come in. The company complianed of course. The mechanics reasoning was, if I can’t drink a beer or go fishing because you want me onsite in an hour then they wanted paid. I had to agree, you control my time you pay me. Now if they’re paying them that’s different but maybe not if it’s not optional.

 

[Mike]

Hmm, I’d have to think about that. If I wanted to Uber to a movie I should be able to. I know years ago the big construction company I worked for put mechanics on call in Saturday’s, the mechanics turned in 8 hours even though the didn’t come in. The company complianed of course. The mechanics reasoning was, if I can’t drink a beer or go fishing because you want me onsite in an hour then they wanted paid. I had to agree, you control my time you pay me. Now if they’re paying them that’s different but maybe not if it’s not optional.

I don't know what the actual policy here is.

@Sinister @Shreck maybe you can fill us in here on what the policy is?

 

[Sinister]

Being paid for a layover is based on the fact you slept in the truck. Layover pay is currently 42.00.

Taking an Uber to a movie you’d be backwards money by about 75.00.

As far as the policy goes...yeah...I’d have to look into it in detail. If you’re going to be shut down for an extended period like a blizzard, they’ll buy your hotel, as long as the truck is parked in a decent spot, and you’re paid until you start again, but I think you lose your layover pay.

 

[Sinister]

The California divas want to get paid for things like pre trips and a million other tiny things they thought of. It’s kind of laughable.
I’d heard the Teamsters made a run at a DC out there which is where a lot of this came from. That, and California labor laws.

Which is whySchneider shut everything down out there.

 

[Mike]

Being paid for a layover is based on the fact you slept in the truck. Layover pay is currently 42.00.

Taking an Uber to a movie you’d be backwards money by about 75.00.

As far as the policy goes...yeah...I’d have to look into it in detail. If you’re going to be shut down for an extended period like a blizzard, they’ll buy your hotel, as long as the truck is parked in a decent spot, and you’re paid until you start again, but I think you lose your layover pay.

My question is, are you allowed to leave the truck long enough to go to a movie? As in, what is the actual policy toward this. Obviously, if it is me, and i wanted to do this, I would simply go and they would be none the wiser about it unless another driver ratted me out somehow.

 

[Johndeere4020]

Being paid for a layover is based on the fact you slept in the truck. Layover pay is currently 42.00.

Taking an Uber to a movie you’d be backwards money by about 75.00.

As far as the policy goes...yeah...I’d have to look into it in detail. If you’re going to be shut down for an extended period like a blizzard, they’ll buy your hotel, as long as the truck is parked in a decent spot, and you’re paid until you start again, but I think you lose your layover pay.

How do you come to the backwards 75 number.

 

[Sinister]

My question is, are you allowed to leave the truck long enough to go to a movie? As in, what is the actual policy toward this. Obviously, if it is me, and i wanted to do this, I would simply go and they would be none the wiser about it unless another driver ratted me out somehow.

That’s what I would do. I’d imagine if you’re in an off duty status you’re fine. You can go raid the buffet as long as you want so why not?
But don’t slip on ice and break your hip while you’re in Sleeper Berth status.

 

[Sinister]

How do you come to the backwards 75 number.

Because Uber and Movies are expensive.

That’s what we call humor.