$54.6 Million Jury Verdict for 840 Walmart Truck Drivers Over Unpaid Wage Time

Walmart ran its California private fleet on an activity-based pay system that compensated drivers only for miles driven and certain defined tasks. For years, that system left a gap: hundreds of required, non-optional activities went uncompensated. Roughly 840 drivers employed as California Private Fleet Drivers between 2004 and 2015 formed the class.

The unpaid time fell into four categories. Drivers were required to perform pre-trip and post-trip vehicle inspections before and after every run. They were also held in controlled 10-hour layovers between shifts, during which Walmart dictated where they stayed and what they could do. Mandatory 10-minute rest breaks rounded out the claims. Under California wage law, all four categories counted as hours worked and required at least minimum-wage compensation.

Wagner Jones Kopfman & Artenian, a Fresno-based firm, served as lead trial counsel alongside co-counsel from Altshuler Berzon LLP and Marlin & Saltzman LLP. The case went to a federal jury in San Francisco. At trial, the firm demonstrated through payroll records and company policy documents that drivers earning $80,000 to $100,000 per year in base activity pay had nonetheless been shorted on the minimum-wage floor for these off-the-clock categories. The minimum-wage calculation meant the $54.6 million figure was pegged to whatever the California minimum wage was at the time the work was performed, not current rates.

The jury returned a verdict on November 23, 2016, awarding $44.7 million for layovers, approximately $3.96 million for rest breaks, and roughly $2.97 million each for pre- and post-trip inspections. Walmart prevailed on seven other claims in the same proceeding.

Walmart appealed to the Ninth Circuit, which issued a published opinion on January 6, 2020, affirming the core verdict. The appellate court denied the plaintiffs' cross-appeal seeking liquidated damages but left the $54.6 million intact. Judgment on the verdict had been entered on January 25, 2017.