42 Formerly Illegal Immigrants Sue Wal-Mart for Unpaid Wages

Wednesday, October 20, 2010
(photo: walmartjanitors.com)
To avoid paying taxes and health benefits, Wal-Mart knowingly hires illegal immigrants to perform janitorial duties at its stores, according to a lawsuit filed against the retailer. Forty-two plaintiffs say Wal-Mart hired them because they were undocumented, giving the company leverage against having to pay overtime and regular wages. The plaintiffs claim Wal-Mart uses an elaborate network of contractors to move illegal workers around to different stores, where they are locked inside during night shifts. They seek back wages and punitive damages from the company.
 
Twenty-seven of the plaintiffs are from the Czech Republic, 12 from Poland, two from Mexico and one from Bulgaria. They were all part of a class action filed in 2003 that was decertified as a Fair Labor Standards Act collective action on June 25, 2010.
 
In 2005, Wal-Mart paid an $11 million fine "in order to avoid criminal penalties" after being accused of many illegal immigrants to provide floor cleaning services" from 1998 to 2003.
-Noel Brinkerhoff, David Wallechinsky
 
Class of Undocumented Workers Sues Wal-Mart (by Chris Fry, Courthouse News Service)
Lawsuit Against Wal-Mart (U.S. District Court, New Jersey) (pdf)

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