In a class-action lawsuit brought by Walmart’s drivers, a federal appeals court on January 6, 2020, upheld a 2016 decision saying Wal-Mart must pay back “tens of millions of dollars in damages.” The total damages in the case add up to $54.6M.
The suit was originally filed by the drivers seeking back pay for time spent in layover (a mandatory break as required by the DOT), in inspections, or on break. “Time drivers spent on layovers was compensable if Walmart exercised control over the drivers during those breaks,” the panel ruled.
The three-judge panel also concluded that at the heart of the matter was Walmart’s driver pay manual, as it said drivers remained under Walmart’s control during the 10 hour layover time at the end of a shift, stating that the drivers had to receive pay for any time they were under Walmart’s control.
The class includes over 700 drivers, working out of many distribution centers in California that made deliveries across the western U.S. After a 16-day trial, the jury awarded the following to the plaintiffs:
- $44,699,766 for layovers
- $3,961,975 for rest breaks
- $2,971,220 for pre-trip inspections
- $2,971,220 for post-trip inspections
Walmart appealed the decision of the jury in 2016 by claiming a lack of jurisdiction, arguing that it was a mistake to certify the class and that the damages should not have been awarded. The appeals court dismissed all of these concerns and fully affirmed the district court decision.
Randy Hargrove, Senior Director of National Media Relations stated in an email “We continue to believe that our truck drivers are paid in compliance with California law and often in excess of what California law requires. 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 are reviewing the 9th Circuit’s opinion and will explore our options.”
RapidFunds provides post-settlement funding to plaintiffs’ attorneys with fees in the settled cases associated with layover time and back pay class action lawsuits. The company also provides case cost funding to plaintiffs’ attorneys for their current and future case expenses in layover time and back pay class action litigation. Interested plaintiffs’ attorneys can fill out the application below. For more information about post-settlement funding, case cost finance, and the funding process call 888-927-9500 or email firstname.lastname@example.org.