Daily Labor Report®

Walmart Denied 9th Cir. Redo of Truckers’ $55 Million Wage Win

Feb. 21, 2020, 2:07 PM

Walmart lost its bid for Ninth Circuit review of its ruling that hundreds of California long-haul truck drivers were entitled to compensation under state law for time spent during layovers, rest breaks, and inspections.

The appeals court Thursday rejected Walmart’s petitions for panel and full-court rehearing, allowing the decision and the truckers’ $54.6 million jury award to stand.

A 2-1 panel found Jan. 6 that Walmart had exercised enough control over its drivers during those activities that the time was compensable, further developing California law on the issue of employer control.

Judge Diarmuid O’Scannlain, who dissented from the decision, voted...

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