October, 2012

Walmart and its Temp Agencies Violate Federal, Illinois Labor Law

Class action suit alleges Chicago-area temp workers weren’t paid minimum wage or provided with proper employment notices

CHICAGO—Walmart Stores Inc. and its staffing agencies broke federal minimum wage and overtime laws by requiring temporary workers to appear early for work, stay late to complete work, work through lunches and breaks and participate in trainings without compensation, a class action suit filed Monday alleges. The suit was filed Monday in U.S. District Court, Northern District of Illinois, Eastern Division.

Labor Ready and QPS, two of the staffing agencies Walmart uses in the Chicago area, failed to provide workers assigned to Walmart stores with information related to their employment, such as employment notices and proper wage payment notices as required by Illinois law.

Walmart itself failed to keep accurate records of workers’ time as required by federal and state law and has failed to provide workers with forms verifying hours worked. This made it impossible for workers to make claims that they were not paid by the temp agencies for all hours worked.

Walmart and its staffing agencies also failed to pay the plaintiffs and others in similar situations a minimum of four hours pay on days when they were contracted to work, but not utilized for a minimum of four hours, as required by Illinois law. This prevented the workers from seeking other work.

“I only get paid minimum wage and yet Labor Ready and Walmart still try to cheat me by not paying me for the time I actually work,” said Twanda Burk, the primary plaintiff on the lawsuit. “I’ve proven that I’m a good worker, and they just want to take advantage of that.”

The violations of state and federal law are alleged to have occurred in early 2009 and continuing up until the present time. In addition to seeking all unpaid wages for the workers, the suit calls for an injunction against Walmart and its temp agencies preventing them from future violations of state labor laws.

“There have been so many times I’ve been told to stay late after my shift to finish stocking the shelves, but I didn’t know they wouldn’t pay me for it,” said Anthony Wright, a temp worker at Labor Ready who has worked at a couple of the Walmart stores in the area since late last year.

Walmart contracts with staffing agencies for the services of hundreds of temporary laborers—many of whom earn minimum wage—in Chicago-area stores. The company has said it would hire 50,000 temporary workers to staff its stores for the upcoming holiday season.

“The practices that Walmart and its staffing agencies are engaging in are exactly why the Illinois legislature passed the Illinois Day and Temporary Services Act,” said Chris Williams, of Workers’ Law Office PC, the workers’ attorney. “Workers need critical information to make sure they don’t get cheated on their pay, as they did here. These workers are required to be paid for the time they’ve worked.”

Walmart got the green light to expand in Chicago when it committed to the Chicago city council to set starting wages at $8.75 per hour, however Walmart has failed to live up to its word to the people of Chicago.

Leone Jose Bicchieri, of the Chicago Workers’ Collaborative, who has been working to gain rights for agency temporary workers in Chicagoland for more than a decade, said, “Walmart has broken its promises in Chicago. It came into this city promising good, permanent jobs, but has reneged on this pledge. Instead of providing decent jobs with career potential and opportunities to access benefits, Walmart is outsourcing jobs to temp agencies that barely pay minimum wage with no benefits and who has broken multiple Illinois labor laws.”

Elce Redmond, the Executive Director of the South Austin Community Coalition, said, “By outsourcing these jobs, the company is taking advantage of Chicago residents in neighborhoods that had hoped Walmart would provide real employment opportunities, not the dead-end jobs that keep residents in a cycle of poverty.”

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Making Change at Walmart is a movement of community leaders, elected officials, civil rights and immigrant organizations, religious leaders, women’s organizations, Walmart associates, small business owners and members of the United Food and Commercial Workers International Union challenging Walmart to help rebuild the economy, starting with America’s families. (www.ChangeWalmart.org)

 

 

UFCW Members and Locals Mobilize for Working Families in 2012 Election

UFCW members have been kicking it into high gear! Across the country, members and their locals are working hard to ensure that working families’ voices are heard in this election.

Here’s a quick look at some members in action:

In Kentucky, union members and others in the community are supporting Democrat Charlie Hoffman for the 62nd House District. Up until two years ago, Hoffman had effectively represented his jurisdiction since 1997, but was edged out in the last election by newcomer Ryan Quarles.  Voters who sympathize with workers rights know that bringing back Hoffman is the right choice.  Having spent years as a career meat-cutter at Kroger, Hoffman knows what its like for the average American worker, and puts those values first. When he was in office, he proved to be an effective legislator, capable of working across party lines, and pressed for laws that benefited small farmers and other local workers.  The incumbent Quarles however, has not passed any such laws, and has not proved himself to be an advocate of working Americans.

In Michigan, union members are from across the state are drumming up support for Proposal 2.  Currently, Michigan state law requires public employees to pay 20% of their healthcare costs, a policy that highlights how the public sector has been shifting healthcare costs on to its employees.  Also, collective bargaining is limited for many workers, making the ability to fight for fair wages and safe equipment, among other things, very difficult.  If Proposition 2 is approved this year, it will help to protect jobs and families. UFCW members like Kristy Geldersma, an employee at Meijer have been out door knocking and phone banking to build support for this legislation that will strengthen the ability for unions to collectively bargain.

On October 9th, Obama supporters gathered for a rally in Dayton, Ohio.  UFCW Local 75 and 1059 members were in attendance, along with many others, to support candidates like State House Rep. Roland Winburn. The candidates support keeping jobs in Ohio and also investing and expanding vocational and technical training in the state to keep Ohio’s workforce competitive and growing. Continuing the support after the rally, members canvassed in nearby areas. Their message was about their main goal:  to not become a right to work state. They’re also reminding their friends and neighbors that President Obama is standing up for people to have a union voice on the job, while Mitt Romney does not support people having a voice at work.

 

In Second Presidential Debate, President Obama Goes to the Mat for American Workers

photo credit: CBS newsLast night’s presidential debate at Hofstra University shed more light on Mitt Romney’s evasions, contradictions and outright lies about his position on policies that affect the poor and middle class. Once again, he tried to portray himself as a man who empathizes with working families, but, as President Obama pointed out, Romney’s extreme positions on education, immigration, taxes, pay equity and health care tell a very different story.

Romney and his running mate, Representative Paul Ryan, have made it clear that they intend to make significant cuts to K-12 education, as well Pell grants and job training. They are against comprehensive immigration reform. They do not support the Lilly Ledbetter Fair Pay Act and and want to repeal “Obamacare” and take us back to the days where people are denied coverage for pre-existing conditions. The only groups benefiting from the Romney/Ryan plan are the wealthy few—whose taxes would be cut even further — and corporations, which would receive tax breaks for shipping good middle class jobs overseas.

Romney couldn’t make up his mind about jobs during this debate, covering just about every position throughout the two hour and a half hour broadcast:

  • “I’m going to make sure you get a job. Thanks Jeremy. Yeah, you bet,”
  • “As president, I will create 12 million new jobs,”
  • “The government doesn’t create jobs,”

Talk about flip-flopping. Meanwhile, President Obama spoke eloquently about his vision for bring not just any jobs, but good paying jobs back to America.

We can’t afford to go back to the same old trickle down policies that got us into this economic mess in the first place. This debate made it clear that President Obama is committed to making life better for working families and our most vulnerable citizens.