Wal-Mart and Plaintiffs' Counsel Announce Settlement of Wage and Hour Class Action Lawsuit in Washington.
BENTONVILLE, Ark., December 24, 2008 -- Today Wal-Mart Stores, Inc. (NYSE: WMT) and attorneys for the plaintiffs jointly announce that they have reached a settlement of a wage and hour class action against Wal-Mart in Washington, Barnett v. Wal-Mart Stores, Inc. et al.
This settlement is included in the 63 wage and hour class action lawsuits that Wal-Mart announced on December 23, 2008, and provides for payment of up to $35 million to current and former Wal-Mart associates who worked for Wal-Mart in Washington since September 10, 1997. The settlement is subject to approval by the trial court, and the total amount to be paid will depend on the amount of claims that are submitted by class members. Also, as part of the settlement, Wal-Mart has agreed to continue to use various electronic systems and other measures designed to maintain compliance with its wage and hour policies and applicable law.
Wal-Mart previously indicated that the settlement agreements of the 63 wage and hour class action lawsuits, including the Barnett case, would total at least $352 million, but no more than $640 million. In addition, the company said that as a result of the settlements, it will record an after-tax charge to continuing operations in its fiscal fourth quarter of approximately $250 million, or approximately $0.06 per share.
“Resolving this litigation is in the best interest of our company, our shareholders and our associates,” said Tom Mars, executive vice president and general counsel, Wal-Mart Stores, Inc. “This lawsuit was filed years ago and the allegations are not representative of the company we are today.”
Mars continued, “Our policy is to pay associates for every hour worked and to make rest and meal breaks available. This is a commitment we make to the more than 1.4 million associates who choose to work for Wal-Mart and serve our customers and members every day. We have worked hard to have the right communication, processes and systems in place to help ensure we live up to this commitment.”
Beth Terrell of the Seattle law firm Terrell Marshall & Daudt PLLC, co-counsel for plaintiffs, commented, “After seven years of litigation, we are pleased with this result. Under this settlement, in a case in which the court has certified a class of more than 80,000 hourly Wal-Mart workers in the State of Washington, those workers who were deprived of meal or rest breaks, or otherwise underpaid, will finally be compensated for their hard work.” Rachel Geman of Lieff, Cabraser, Heimann & Bernstein, LLP, co-counsel for plaintiffs added that in addition to the monetary relief “Wal-Mart will use new technologies and specific compliance tools to ensure Washington workers are paid fairly on a going-forward basis.”
About Wal-Mart Stores, Inc. (NYSE: WMT) Wal-Mart Stores, Inc. operates Walmart discount stores, supercenters, Neighborhood Markets and Sam’s Club locations in the United States. The Company operates in Argentina, Brazil, Canada, China, Costa Rica, El Salvador, Guatemala, Honduras, Japan, Mexico, Nicaragua, Puerto Rico and the United Kingdom and, through a joint venture, in India. The Company's common stock is listed on the New York Stock Exchange under the symbol WMT. More information about Wal-Mart can be found by visiting www.walmartstores.com. Online merchandise sales are available at www.walmart.com and www.samsclub.com.
Contact for Wal-Mart: Wal-Mart Media Relations, 1-800-331-0085
Wal-Mart Investor Relations:
Carol Schumacher: 479-277-1498
Mike Beckstead: 479-277-9558
Contact for Plaintiffs:
Media contact: Beth Terrell: 206-816-6605
Information for class members available at:
www.walmartwageswa.com or call 1-800-705-8543.
- 3600 Fremont Avenue N. Seattle, WA 98103
- T: 206.816.6603 F: 206.350.3528