Wal-Mart Hit With Unpaid Overtime Class Action Lawsuit

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Plaintiff Polo Garcia has filed an unpaid overtime class action lawsuit against Wal-Mart Inc. in California Superior Court, alleging that the retail giant failed to pay its employees for overtime while working in the retail giant’s theft protection department.

According to the Wal-Mart class action lawsuit, Garcia was employed by Wal-Mart as hourly or non-exempt Asset Protection Associate from “approximately October 2007 to approximately March 2012, in the State of California, County of Los Angeles.”

The unpaid overtime class action lawsuit alleges that Wal-Mart “engaged in a uniform policy and systematic scheme of wage abuse against their hourly-paid or non-exempt Asset Protection Associates.” The accusations include an alleged failure to pay all overtime work, missed meal periods and rest breaks, in violation of California law.

“Defendants knew or should have known that Plaintiff and other class members were entitled to receive certain wages for overtime compensation and that they were not receiving wages for overtime compensation,” Garcia says in the Wal-Mart overtime class action lawsuit.

As an Asset Protection Associate, Garcia and other workers were tasked with preventing theft from the stores. The unpaid overtime lawsuit alleges that the company has a policy of forcing its Asset Protection Associates to work even during rest and meal periods.

“Plaintiff is informed and believes, and based thereon alleges, that Defendants failed to provide Plaintiff and other class members the required rest and meal periods during the relevant time period as required under the Industrial Welfare Commission Wage Orders and thus they are entitled to any and all applicable penalties,” Garcia says  in his Wal-Mart overtime class action lawsuit.

According to California Labor Code section 1198 and the applicable Industrial Welfare Commission Wage Order, which is cited in the unpaid overtime lawsuit, “it is unlawful to employ persons without compensating them at a rate of pay either time-and-one-half or two-times that person’s regular rate of pay, depending on the number of hours worked by the person on a daily or weekly basis.”

Garcia is seeking class certification, with the class defined as follows: “All current and former hourly-paid or non-exempt California-based (currently residing in California with the intent to remain in California indefinitely) ‘Asset Protection Associates’ employed by any of the Defendants within the State of California at any time during the period from Nov. 27, 2009 to final judgment.”

The Wal-Mart Class Action Lawsuit is Polo Garcia v. Wal-Mart Stores Inc., et al., Case No. BC545633, in the Superior Court of the State of California, County of Los Angeles.

Join a Free Unpaid Overtime Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. Learn more and obtain a free evaluation of your case to see if you’re eligible for back pay and other compensation at the Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.