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Walmart California Wages, Overtime, and Meal Break Violations Class Action

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This class action alleges that the Walmart store in Chino, California violated California laws governing minimum wages, overtime pay, meals breaks, accurate wage statements, and the full payment of wages owed at termination of employment.

The class for this action is all non-exempt “associate” employees who worked at the Chino, California Walmart (located at 6750 Kimball Ave., Chino, California, 91708), during the period from June 13, 2013, to the present. (See below for the several subclasses proposed.)

The complaint for this class action alleges that the Chino Walmart failed to compensate employees for all hours worked and to pay overtime for all hours worked in excess of eight per day or forty hours per week. Specifically, it claims that employees were required to spend off-the-clock time passing through security checks following each shift.

The complaint also alleges that the California Labor Code gives employees the right to take a thirty-minute meal period for every five hours worked, but that the Chino Walmart regularly failed to give workers a second duty-free meal period when they worked more than ten hours and did not provide them with compensation for the missed meal breaks.

In further violation of the California Labor Code, the complaint says, the Walmart failed to keep accurate records of its employees’ work hours, meal breaks, and so on; and that the Walmart therefore failed to pay its employees all the money that was due to them at termination.

The complaint proposes a number of subclasses for the violations alleged in this class action.

The Overtime Subclass includes all non-exempt “associate” employees who worked at the Chino Walmart for one or more shifts, in excess of eight hours in a day or forty hours in a workweeks and were not properly paid all overtime wages, between June 13, 2013 and the present.

The Minimum Wage Subclass includes all non-exempt “associate” employees who worked at the Chino Walmart and were not paid all minimum wages due between June 13, 2013 and the present.

The Meal Period Subclass includes all non-exempt “associate” employees who worked at the Chino Walmart for one of more shifts in excess or ten hours between June 13, 2013 and the present; or all non-exempt “associate” employees who worked at the Chino Walmart for one or more shifts in excess of ten hours, between June 13, 2013 and the present, without receiving a second thirty-minute meal period where they had no duties.

The Terminated Employee Subclass includes all non-exempt “associate” employees who worked at the Chino Walmart between June 13, 2013 and the present and who were not properly paid all wages at termination or within 72 hours of termination.

The Wage Statement Subclass includes all non-exempt “associate” employees who worked at the Chino Walmart and who received at least one wage statement between June 13, 2013 and the present.

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