California Class Action Lawsuit

Have any of you other CA walmart drivers received a letter from a law firm in Fresno,CA about a suit filed on behalf of a driver from one of our DC's. It seems the complaint has to do with the unpaid time drivers in the private fleet have been putting in while performing certain duties. Apparently the complaint is working its way thru the courts and it seems the case is strong enough that last year a judge forced Bentonville to release the names of all current and some former CA private fleet drivers. The number of drivers is somewhere around 900 and I believe it only involves drivers from CA. There may be some who transferred to other DC's out of state but they should have been notified. In my case the letter sat in the junk mail on my desk for a few months,it came in September and I opened it in January. When I called they explained that I was automaticaly included in the class action and did not need to do anything further.

The complaint is very clear about the unpaid activities in question which include fueling tractors,washing and cleaning tractors,clearing an empty from a door so you can drop a loaded trailer,taking your ten hour break in the truck for 4.20 an hour,and pay for time detained at scales for DOT inspections or other issues. Someone on the legal team took time to investigate what each activity involved and how much time it took. They interviewed dozens of drivers during the process in order to come up with what we should be compensated for. The amount of compensation would be based on your service and what type of program you were on. They got it all right,just figure the amount of free time you give each week and it really adds up.

We all have done these things,some of us for years and we have all heard plenty of complaints,I have made a few myself but its like alot of other things,guys go home and just forget it. Bentonville figures were well paid and doing a little here and there is just showing gratitude,it may well cost them because what happens in CA usually spreads and if it goes well I can see other attorneys from other states jumping on the kill. Im just a party in the class action and like all the others will wait and see what happens,it might be interesting to watch the big shots in Bentonville try and get out of this one. I would like to hear from any other Cal Wallys that might be included,there may be many that are unaware that they are involved.

 

If your a private fleet driver from another state do you have an opinion,this might well affect you in the future.

 

Just spoke with the someone from the attorney office and thought I would pass along this update. The total number of drivers included in this action is around 700,I was orininally told it was closer to 900. Anyone employed as a driver for the private fleet in CA from 2004 to the present is automatically included and no further action is required.

Walmart has attorneys in Sacramento this week conducting interviews with drivers,the mediation should begin next month. The process should move along at a good pace from that point,a settlement would mean a quick end to this case. There are huge implications that could affect every member of the private fleet in every state if Walmart admits to not properly compensating drivers for their time.

 

You do if its detirmined by a judge that the hand is not following proper compensation practices. Alot of the drivers I have talked to are more concearned with the way things are done in the future and not so much in the cash award. The general mood is that unless its a huge amount of money its not going to be worth the possible retaliation from Bentonville. We all have read stories on this forum and seen firsthand that this is not the same Walmart it was ten or fifteen years ago.

The amounts awarded could range from nothing to something in the low six figures,do the math and add up all the unpaid time you put in during the week,multiply it by the year then by your years of service. If a driver is close to retirement and is offered 175,000 I think the decision would be an easy one. On the other hand a newer driver thats offered 5,000 might choose to not bring on possible retaliation from Bentonville. Either way its a safe bet that it if the case in CA goes well it will be in every court across the country. Might just give the suits a little something to think about.

Sometimes taking a nice big bite out of that hand is what it takes to make things better for those coming in behind us.

 

The action in CA is not about doing less work its being paid a fair wage for all work done. Where I came from they fueled,washed and parked our assigned tractors and we got paid for 30 minutes of time to do a post trip and paper work. No one mentioned union,why would you throw that in?

The move towards outside contracting has been on the upswing for years. Three years ago we were told at grass roots that Bentonville was looking to reduce contracting. About that time all these intrusive measures began flowing in and we started losing drivers. The combination of rapid growth,intrusive measures and driver attrition has left Bentonville in a real tough spot when it comes to filling seats. They have continued to lower the hiring standards in order to bring in drivers,now they are terminating drivers who would have never been terminated in the past. Contracting has once again been on the increase and I dont see that changing until they can stabilize the private fleet.On a positive note,some of our GM DC's are moving better than 50% of our stores remix,they can keep the refer work.

If anything the endless stream of intrusive policies combined with the new hiring standards will be the end of the private fleet. Younger less experienced drivers will be more likely to fall victim to the new policies which could lead to Bentonville making the decision to begin a slow phase out of the private fleet. Also you cant micro manage the olderguys after really being hands off for most of their careers then expect them to look the other way when it comes to unpaid duties especially if a judge rules the practice unlawful.

 

Allow me to make a few corrections,you clearly have no clue.

Walmart drivers are not the "richest drivers on the road" the truth is there are several other companies where drivers do much better. The base salary is very good and for most its almost double what the average OTR driver makes. But as you dig deeper into the numbers it really starts to fall apart. The fact that we have no employer paid pension and only average insurance choices that we pay really hurts if you look at the total compensation package offered by other top companies.

There are a few companies that still offer 100% employer paid pensions,health and welfare. Just those two packages can add 35,000 or more to a drivers yearly compensation package. With wages between 80,000 and 100,000 and another 35,000 in benefits the true number is 125,000 per year. Walmart drivers can expect to make 70,000-90,000 a year for a 5.5 day week. There are alot that make over 100,000 but they are hitting it hard.

As for being greedy,were not out here to work for free like most OTR drivers. With our above average wage its not near as bad as it is at other OTR jobs. The action is not asking for an increase in compensation for on duty time,its asking for whats fair and legal. Being paid for all work done while on the job is the goal.