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The Honolulu Advertiser
Posted on: Sunday, November 8, 2009

Deadline is Monday for Hawaii Wal-Mart wage claims


By Paul Curtis
The Garden Island

LIHU‘E, Kauai — Current and former Hawai‘i Wal-Mart employees who were employed by the company from Nov. 1, 1999, to Feb. 27, 2009, have until Monday to file claims for back wages.

This is the result of a settlement recently announced in a class-action lawsuit against Wal-Mart, with employees claiming in the lawsuit they were not given uninterrupted time off for breaks and meal times, and that Wal-Mart did not pay employees for all time worked, according to a release from attorneys representing the employees.

Wal-Mart contends they did nothing wrong. Wal-Mart public-relations officials did not respond to multiple requests for comment.

The settlement in class-action lawsuits pertaining to the wages and retirement-plan payments was made last month in U.S. District Court for the District of Nevada.

Judge Phillip Pro, in a multi-district lawsuit covering over 3 million Wal-Mart hourly employees across the nation, ordered final approval of an $85 million settlement with Wal-Mart.

Workers at the Lihu‘e Wal-Mart store, speaking on condition of anonymity out of fear of retribution, said claims made by employees in the lawsuit are accurate, but that many current employees likely won’t file the legal paperwork for payment of claims under the terms of the settlement for fear that management might find out about the filings and find reasons to terminate employees who file claims.

The last day for past or current Hawai‘i Wal-Mart employees to submit a request for a cash payment is Monday.

All former and current employees may submit claims and get more information on the case and settlement at the Web site, www.walmartmdl.com. Claim forms are also available by calling toll-free 1-800-677-5163.

Hawai‘i employees have the option of submitting either a short claim form, which provides for an automatic, fixed payment based on length of employment, or a long claim form, which provides for a payment amount based on length of employment and answers to questions regarding personal work experiences, states the attorneys’ release.

Claimants electing to use the short form will receive a standard amount estimated to range between $25 and $150 based upon length of service. Employees electing to use the long form may recover an estimated amount between $50 and $300, depending on length of service and number of incidents claimed.

Depending on the number of claims made the amount of the payment may vary and could go up to $1,000.

The settlement class is the largest wage and hour case in U.S. history. Robert Bonsignore, the employees’ national lead counsel, said in oral argument that “Today is a good day for all concerned. The focus, however, is singular. Today’s hearing is all about the employees.

“The economic value is extremely large and there is a real ongoing value provided by the injunctive relief.”

In addition to making $85 million available, Wal-Mart also agreed to injunctive relief designed to institutionalize measures that eliminate, minimize and/or red flag for corrective action occurrences that were the subject of the employee’s action.

The judge’s written ruling was issued earlier this week.