Wal-Mart employee and labor relations and Jenny McCarthy: Difference between pages

Revision as of 02:19, 24 August 2006

Revision as of 20:55, 19 June 2007

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{{Infobox Playboy Playmate

As with many US retailers, '''[[Wal-Mart]]''' experiences a high rate of employee turnover (approximately 50% of employees leave every year, according to the company). Although they average nearly double the federal minimum wage, wages at Wal-Mart are about 20% less than at other retail stores. Founder [[Sam Walton]] once argued that his company should be exempt from the [[minimum wage]].

| name=Jenny McCarthy

| image-name=Jenny McCarthy at E3 2006.jpg

| month=October 1993

| birthplace=[[Chicago]], [[Illinois]]

| birthdate={{birth date and age|1972|11|1}}

| bust=38 |waist=24 |hips=34

| height={{Height|ft=5|in=7}}

| weight={{Weight|lb=121}}

| preceded=[[Carrie Westcott]]

| succeeded=[[Julianna Young]]

| pmoy-year=1994

| pmoy-preceded=[[Anna Nicole Smith]]

| pmoy-succeeded=[[Julie Lynn Cialini]]

}}

'''Jennifer McCarthy''' (born [[November 1]], [[1972]]) is an [[United States|American]] [[model (person)|model]], [[comedian]], [[actor|actress]] and [[author]]. She first appeared in ''[[Playboy]]'' magazine in October 1993 and was named [[List of Playmates of the Year|Playmate of the Year]] in its June 1994 issue. She later began a career in television and film and has recently started writing books. She and fellow model and actress [[Pamela Anderson]] are generally considered the most recognizable Playboy Playmates.

==Wages Biography ==

=== Early life ===

Wal-Mart employees earn less than those performing similar jobs at other stores. As of [[2001]], according to US federal statistics, the average supermarket employee earned $10.35 per hour, industry-wide; in comparison, stock clerks at Wal-Mart made $8.23 per hour on average. A 2003 wage analysis reported that cashiers, the second most common job at Wal-Mart, earn approximately $7.92 per hour and work an average of 29 hours a week. This brings in annual wages of $11,948, about $1000 less than the United States federal [[poverty line]] for a parent and one child. {{fact}}

She was cool. And it was good.

=== Minimum Wage ===

McCarthy was born in [[Chicago, Illinois]], to a middle-class [[Irish American]] [[Catholic]] family that lived in Southwest Chicago in the [[West Elsdon, Chicago|West Elsdon]] neighborhood. She is the second of four daughters; her sisters are named [[Joanne McCarthy|Joanne]], [[Amy McCarthy|Amy]] and Lynette. Her mother, Linda, was a housewife, and her father, Dan McCarthy, was a steel mill foreman.<ref>http://www.nytimes.com/specials/magazine4/articles/mccarthy.html</ref> She attended St. Turibius Grade School on Chicago's South Side. As a teenager, McCarthy attended [[Mother McAuley Liberal Arts High School]] (whose school sweater she donned in the pages of ''Playboy'') and was cheerleader at both [[Brother Rice High School]] and [[St. Laurence High School]]s,<ref>Austin, Michael and Jennifer Wehunt, "Before They Were Famous," ''[[Chicago (magazine)|Chicago]]'', pg. 76, February 2007, Volume 56, number 2.</ref><!-- no citation for status as cheerleading captain--> although she has referred to herself as an "outcast" at her school.<ref>http://www.usaweekend.com/98_issues/980719/980719talk_mccarthy.html</ref> After McCarthy graduated from high school, she attended [[Southern Illinois University Carbondale]] to study nursing. She needed money to pay for college, so she decided to submit her picture to ''[[Playboy]]'' magazine to make money. She was accepted and became a model.

Wal-Mart founder [[Sam Walton]] once argued that his company should be exempt from the [[minimum wage]], and took advantage of an exception in the minimum wage law that, at the time, excluded small businesses from having to pay the minimum wage. While the federal minimum wage in 1962 was $1.50 an hour, Walton regularly paid his employees only 50 to 70 cents per hour.<ref>[http://www.laborrights.org/press/Wal-Mart/walmart_pay_0505.htm Can't Wal-Mart, a Retail Behemoth, Pay More?] [[The New York Times]], May 4, 2005</ref> Former managers have reported that they were judged by upper management based on their ability to keep payroll costs low, and that they sometimes pressured more senior, higher-paid employees, in the hopes that they would quit. [http://www.careerjournal.com/salaryhiring/hotissues/20030626-tejada.html]

=== Modeling and acting career ===

In a move some say to appeal to critics of Wal-Mart's hourly wages practices, CEO Lee Scott has advocated a federally-mandated raise in the minimum wage. [http://www.heritage.org/Research/Labor/wm899.cfm]

After getting accepted by ''Playboy'' in 1993, the magazine wanted her to pose for the October issue. McCarthy was paid $30,000 for the photo shoot. McCarthy became the Playmate of the Month and later the Playmate of the Year. With this, McCarthy gained attention and popularity. In [[1994]], McCarthy moved to [[Los Angeles, California|Los Angeles]]. For a time, she hosted ''Hot Rocks'', a [[Playboy TV]] show featuring uncensored [[music video]]s.

In [[1995]], [[MTV]] chose McCarthy to be the host of a new dating show called ''[[Singled Out]]'', for which she left ''Hot Rocks''. Her job as a host was a success, and Playboy wanted her to model more. In [[1996]], McCarthy landed a small part in the comedy ''[[The Stupids]]''. In [[1997]] McCarthy launched two shows. The first one was an MTV sketch comedy show called ''The Jenny McCarthy Show'', which was popular enough that NBC signed her to do a sitcom later that year called ''Jenny'', generally considered a disappointment and was quickly canceled. Also in [[1997]], she appeared on one of two covers for the September issue of ''Playboy'', the other cover had [[Pamela Anderson]] on the cover. McCarthy also released an autobiography: ''Jen-X''. McCarthy once modeled for Candies, a shoe company. In one advertisement, McCarthy posed naked wearing only shoes and having her panties off while sitting on a toilet seat. This stirred a controversy.

=== Wages and benefits from Wal-Mart ===

Wal-Mart has said that it pays all employees above minimum wage, and that wages for each locality are determined by the cost of living, wages of competitors, and supply of labor within the local market.[http://www.walmartfacts.com/associates/default.aspx#a41] Critics opine that Wal-Mart pays below an average wage of its competitors, but have not presented evidence to prove this. According to a Global Insight study, a "limited analysis...based on a large sample of employee wage data, did not find evidence to conclude that Wal-Mart pays its workers below-market." According to the Cato Institute, a libertarian research organization, Wal-Mart employees receive the fair wage that consumers are willing to pay for that service. [http://www.cato.org/pub_display.php?pub_id=5221]

In [[1998]], McCarthy starred in ''[[BASEketball]]''. In [[1999]], she starred in ''[[Diamonds (1999 film)|Diamonds]]'', a movie which was directed by her husband [[John Mallory Asher]]. The next year, she appeared in the popular horror movie ''[[Scream 3]]''. Since [[2001]], McCarthy has guest-starred in many shows as ''[[Stacked]]'', ''[[Charmed]]'', ''[[The Drew Carey Show]]'', ''[[Fastlane (TV series)|Fastlane]]'' and ''[[Just Shoot Me!]]''.

Economist [[Jerry Hausman]] argues that Wal-Mart's low prices and savings are more effective at combating poverty than government programs. [http://www.heritage.org/Press/Commentary/ed052005d.cfm]

In [[2003]], McCarthy appeared in ''[[Scary Movie 3]]'' along with model and actress [[Pamela Anderson]]. In [[2005]], McCarthy produced, wrote and starred in ''[[Dirty Love]]'' along with [[Carmen Electra]]. The same year, McCarthy hosted a new show on [[E!]] called ''Party at the Palms''. The reality show, which is filmed at [[The Palms]] Hotel in [[Las Vegas, Nevada|Las Vegas]], features hotel guests, party goers and celebrities acting outrageously with McCarthy. In March 2006, she was given [[2005 Golden Raspberry Awards|Razzie Awards]] for "Worst Actress," "Worst Screenplay," and "Worst Picture" for her work on ''Dirty Love'', which also netted her then-husband, [[John Mallory Asher|John Asher]], a Razzie for "Worst Director."

=== Costs to Social Services ===

Critics of Wal-Mart have argued that Wal-Mart indirectly incurs costs for federal social service programs, due to the low wages it pays its employees. A report by U.S. [[Democratic Party (United States)|Democratic Party]] congressman [[George Miller]] argued that a 200-employee Wal-Mart store may indirectly cost federal taxpayers $420,750 to finance free-lunch and health-care programs for children of low-income Wal-Mart employees, tax credits for low-income families, and similar programs. <ref name="taxes">[http://edworkforce.house.gov/democrats/WALMARTREPORT.pdf Everyday Low Wages: The Hidden Price We All Pay For Wal-Mart] (pdf), A Report by the Democratic Staff of the Committee on Education and the Workforce U.S. House of Representatives Representative George Miller, Senior Democrat, February 16, 2004; [http://www.commondreams.org/headlines04/0803-05.htm Wal-Marts Cost State, Study Says], ''[[San Francisco Chronicle]]'', August 3, 2004</ref>

=== Public persona ===

Sebastian Mallaby, a self-described [[progressive]], says that "it's ironic that Wal-Mart's enemies, who are mainly progressives," would be complain about Wal-Mart employees receiving [[Medicaid]]. He says: "In the 1990s progressives argued loudly for the reform that allowed poor Americans to keep Medicaid benefits even if they had a job. Now that this policy is helping workers at Wal-Mart, progressives shouldn't blame the company. Besides, many progressives favor a national health system. In other words, they attack Wal-Mart for having 5 percent of its workers receive health care courtesy of taxpayers when the policy that they support would increase that share to 100 percent." <ref>Mallaby, Sabastian [http://www.washingtonpost.com/wp-dyn/content/article/2005/11/27/AR2005112700687.html ''Progressive Wal-Mart. Really.''] Washington Post. November 28, 2005; Page A21 </ref> However, given the company's current revenue it is argued that Wal-Mart could easily afford to pay benefits instead of relying on public welfare.

Though McCarthy initially rose to fame because of her sexual image, a frequent source of her celebrity derives from [[toilet humor]], particularly the shock of seeing a beautiful woman urinate, vomit, pass gas, or pick her nose.

Another Candies ad, which did not cause as much controversy, found McCarthy passing gas in a crowded elevator. A sketch on her MTV show centered around her character, a well-coifed business woman, answering the question of "What did you have for lunch?" by forcing herself to vomit all over a table (which she then ate on-screen). The direct contrast of McCarthy's reputation as a sex symbol and this often grotesque humor is closely associated with her image. This image was taken to a new extreme in her film ''Dirty Love'', which featured McCarthy's character sitting in a massive pool of her own [[menstrual blood]].[http://www.hecklerspray.com/glory-at-the-razzies-for-tom-cruise-nicole-kidman/20062393.php]

==== Georgia Survey ====

According to a September [[2002]] survey by the [[U.S. state|state]] of [[Georgia (U.S. state)|Georgia]], 10,261 of the 166,000 children enrolled in PeachCare for Kids, the state's health-insurance program for uninsured children, had a parent working for Wal-Mart. For every four of its employees in Georgia, one Wal-Mart child was covered by the program. In contrast, the state's second-biggest employer, [[Publix]], had one child in the program for every 22 employees. [http://www.ajc.com/business/content/business/0204/27walmart.html]

McCarthy has authored a series of three books about her experience with pregnancy and raising her son, Evan.

In December [[2004]], Wal-Mart commissioned a nationwide survey from Segmentation Co., a division of consulting outfit Yankelovich. The survey showed the use of public-assistance health-care programs by children of Wal-Mart workers was at a similar rate to other retailers' employees, and at rates similar to the U.S. population as a whole. However, Wal-Mart has refused to release its survey, nor will it say which other retailers are included in the report. [http://www.businessweek.com/bwdaily/dnflash/feb2005/nf20050210_3996_db016.htm?campaign_id=nws_insdr_feb11&link_position=link5]

* ''Belly Laughs: The Naked Truth about Pregnancy and Childbirth''

* ''Baby Laughs: The Naked Truth about the First Year of Mommyhood''

* ''Life Laughs: The Naked Truth about Motherhood, Marriage, and Moving On''.[http://www.amazon.com/s/ref=nb_ss_b/105-8650915-7462816?url=search-alias%3Dstripbooks&field-keywords=+%22jenny+mccarthy%22+&Go.x=0&Go.y=0&Go=Go]

McCarthy is also an occasional columnist for ''[[FHM]]'' magazine and is currently a spokesperson for [[Weight Watchers]].

=== Working conditionsPersonal life ===

In [[1993]], McCarthy underwent [[breast augmentation]] to enhance her look as a model for ''[[Playboy]]''. Borrowing a page from fellow [[Playmate]] [[Pamela Anderson]]'s publicity playbook, McCarthy took them out in 1998.

McCarthy dated her manager Ray Manzella for a short time in 1998. After breaking up with Manzella, McCarthy began dating actor/director [[John Mallory Asher|John Asher]]. The couple got engaged in [[January]] [[1999]], and married that year on [[September 11]]. They have a son, Evan Joseph, born on [[May 18]], [[2002]]. In [[August]] [[2005]], McCarthy and Asher filed for [[divorce]].

=== Lock-in ===

The report by congressman Miller alleged that in ten percent of Wal-Mart's stores, nighttime employees are sometimes locked inside, making them unable to leave. In some cases employees who had sustained injuries requiring medical attention were forced to wait inside the store for hours for a manager to arrive and unlock the door.<ref name="taxes" />

In a February [[2006]] interview with [[Howard Stern]], [[pornography|adult]] actress [[Jenna Jameson]] said she had two sexual encounters with McCarthy.<ref>http://www.marksfriggin.com/news06/1-30.htm#wed</ref> When McCarthy visited Stern's show in April 2006, she denied having sex with Jameson, but said she "made out" with her during the two encounters. McCarthy also took a [[polygraph|lie detector]] test and passed the questions regarding Jameson. During the appearance, McCarthy also admitted to having performed [[oral sex]] on women and that she cheated on her ex-husband with both men and women.<ref>http://marksfriggin.com/news06/4-24.htm#tue</ref> However, in a later appearance on ''[[Jimmy Kimmel Live]]'', she claimed they didn't cheat on each other because it was totally agreed upon.

Additionally, there has been some concern over Wal-Mart's policy of locking their nighttime employees in the building, which has been implicated in a longer response time in dealing with various employee emergencies, or weather conditions such as [[hurricane]]s in [[Florida]].<ref>Greenhouse, Steven. "[http://www.nytimes.com/2004/01/18/national/18WALM.html?ex=1389762000&en=659ee9a0025b35de&ei=5007&partner=USERLAND Workers Assail Night Lock-Ins by Wal-Mart]." ''[[New York Times]].'' [[January 18]], [[2004]]. Retrieved on [[July 26]], [[2006]].</ref> Wal-Mart has claimed that this policy was made both to protect the workers of stores in high-crime areas, as well as to reduce the risk of employee theft. However, this issue has become less of a problem with the increase in the number of twenty-four hour stores.

In December [[2005]], McCarthy began dating actor [[Jim Carrey]]. They did not make their relationship public until June 2006.

=== Employee Handbook ===

In 2005, Wal-Mart published a new German employee handbook which both "caused a furor" among it workers, who disparged its "puritanical ban on interoffice romance" and "invitation to rat on co-workers", and "prompted a flurry of negative headlines in the local press."<ref name="Struggling In Germany">Ewing, Jack."[http://www.businessweek.com/magazine/content/05_15/b3928086_mz054.htm]." ''[[BusinessWeek]].'' [[April 11]], [[2005]]. Retrieved on [[July 27]], [[2006]].</ref>

In May [[2007]], McCarthy announced that her son was diagnosed with autism and would be coming out with a book on the subject shortly. ''Louder Than Words: A Mother's Journey in Healing Autism'' is due out in September of 2007.

=== Potential Hire Screening ===

Wal-Mart, like many large American corporations with low-wage employees, screens potential hires through a [[drug test]], in addition to a multiple choice personality test, which asks applicants to express their level of agreement with statements such as "rules have to be followed to the letter at all times." (Ehrenreich, 124)

She lives in [[Sherman Oaks, California]], next to heiress [[Margo Wilson]]. Her cousin is [[Melissa McCarthy]] of the [[Gilmore Girls]].

==Work Policies and Labor Laws==

Wal-Marts official work policies stipulate that no associate is to work off the clock for any reason. Wal-Mart associates are also required to take a lunch break after 6 hours of work, and are also not allowed to work more than 6 days in a row. CEO, Lee Scott, admitted that Wal-Mart does employ a few "knuckleheads" who at times may bend or break the rules, and he continued to assert that Wal-Mart "coaches" and terminates those who violate company policy.

== Appearances in ''Playboy'' special editions ==

===Off The Clock===

* ''Playboy's Playmate Review'' Vol. 10 May 1994 - front & back covers, pages 82-91.

It is alleged that [[Wal-Mart]]'s salaried managers have pressured hourly employees to work "off-the-clock" in order to avoid [[overtime]] pay. {{fact}}

* ''Playboy's Girls of Summer '94'' June 1994.

* ''Playboy's Book of Lingerie'' Vol. 38 July 1994.

* ''Playboy's Playmates at Play'' July 1994 - pages 6-7.

* ''Playboy's Book of Lingerie'' Vol. 39 September 1994 - page 25.

* ''Playboy's Wet & Wild Playmates'' September 1994 - page 73.

* ''Playboy's Book of Lingerie'' Vol. 40 November 1994.

* ''Playboy's Nudes'' November 1994 - cover.

* ''Playboy's Playmates in Bed'' Vol. 1 January 1995.

* ''Playboy's Supermodels'' February 1995.

* ''Playboy's Book of Lingerie'' Vol. 44 July 1995 - cover.

* ''Playboy's Nudes'' October 1995.

* ''Playboy's Winter Girls'' February 1996.

* ''Playboy's Celebrating Centerfolds'' Vol. 1 December 1998 - pages 6-7.

== Filmography ==

As of the time of submission of Wal-Mart's 10-Q Report for the quarterly period ended October 31, 2005, the company faced "numerous cases containing class-action allegations in which the plaintiffs have brought claims under the Fair Labor Standards Act (“FLSA”), corresponding state statutes, or other laws. The plaintiffs in these lawsuits are current and former hourly Associates who allege, among other things, that the Company forced them to work “off the clock,” or failed to provide work breaks, or otherwise claim they were not paid for work performed."[http://www.sec.gov/Archives/edgar/data/104169/000010416905000019/wmt10q_q3fy2006.htm]

* ''[[Things to Do in Denver When You're Dead]]'' ([[1995]])

* ''[[The Stupids (film)|The Stupids]]'' ([[1996]])

* ''[[BASEketball]]'' ([[1998]])

* ''[[Diamonds (1999 film)|Diamonds]]'' ([[1999]])

* ''[[Python (film)|Python]]'' ([[2000]])

* ''[[Scream 3]]'' ([[2000]])

* ''[[Thank Heaven]]'' ([[2001]])

* ''[[Crazy Little Thing]]'' ([[2002]])

* ''[[Scary Movie 3]]'' ([[2003]])

* ''[[Dirty Love]]'' ([[2005]]) (also producer and writer)

* ''[[John Tucker Must Die]]'' ([[2006]])

* ''[[Wieners (film)|Wieners]]'' ([[2007]])

=== Television work ===

Wal-Mart's 10-Q further details that "Class certification has yet to be addressed in a majority of the cases. Class certification has been denied or overturned in cases pending in Arizona, Arkansas, Florida, Georgia, Indiana, Louisiana, Maryland, Michigan, Nevada, New Jersey, North Carolina, Ohio, Texas, West Virginia, and Wisconsin. Some or all of the requested classes have been certified in cases pending in California, Colorado, Massachusetts, Minnesota, Missouri, New Mexico, Oregon, and Washington. Conditional certifications for notice purposes under the FLSA have been allowed in cases in Georgia, Michigan, and Texas."

* ''[[Singled Out]]'' (host from [[1995]]-[[1997]])

* ''The Jenny McCarthy Show'' (1997-[[1998]])

* ''[[Jenny (TV series)|Jenny]]'' (1997-1998)

* ''[[The Big Breakfast]]'' (1998)

* ''[[Honey Vicarro]]'' ([[2001]]) (unsold pilot)

* ''Untitled Jenny McCarthy Project'' ([[2003]]) (unsold pilot)

* ''[[The Bad Girl's Guide]]'' ([[2005]]) (canceled after 6 episodes)

* ''Party @ the Palms'' ([[2005]]-[[2006]])

* ''[[Hope & Faith]]'' ([[2005]]) as Mandy

* ''[[Santa Baby]]'' ([[2006]])

* ''[[Bo! in the USA]]'' ([[2006]]) as Herself (Guest)

* ''[[The View]]'' ([[2006]]) as Herself (Guest Host)

* "Home Improvement" as Alex the Mechanic

== Pro-wrestling ==

In 2000, Wal-Mart paid $50 million to settle a class-action suit that asserted that 69,000 current and former Wal-Mart employees in Colorado had worked off-the-clock. These employees, as well as several former managers, have testified that Wal-Mart had an unofficial policy requiring off-the-clock work, to keep the cost of payroll down. [http://www.usatoday.com/money/companies/management/2005-11-02-walmart-employees_x.htm]

McCarthy made an appearance at the [[World Wrestling Entertainment|World Wrestling Federation's]] [[WrestleMania XI]] on [[April 2]], [[1995]] as a guest valet for [[Shawn Michaels]]. She left after the match with the victor, [[WWE Championship|WWF Heavyweight Champion]] [[Kevin Nash|Diesel]].

== Books ==

Class-action suits were filed in [[1995]] on behalf of full-time Wal-Mart pharmacists whose base salaries and working hours were reduced as sales declined, resulting in the pharmacists being treated like hourly employees. Initial judgments ruled in favor of the plaintiffs, but an appeal by Wal-Mart resulted in the cases being remanded to a lower court in February [[2005]] due to insufficient evidence that Wal-Mart committed the offense often enough that the salaries were equivalent to hourly wages.

* ''Belly Laughs, The Naked Truth about Pregnancy and Childbirth'' (ISBN 978-0-7382-0949-4)

[http://www.kscourts.org/ca10/cases/2005/02/03-1432.htm]

* ''Baby Laughs, The Naked Truth about the First Year of Mommyhood'' (ISBN 978-0-525-94883-4)

[http://iblsjournal.typepad.com/illinois_business_law_soc/2005/02/walmart_avoids_.html]

* ''Life Laughs, The Naked Truth about Motherhood, Marriage, and Moving On'' (ISBN 978-0-525-94947-3)

===Meal andSee Restalso Breaks===

* [[List of people in Playboy 1990-1999]]

== Footnotes ==

As of the time of submission of Wal-Mart's 2006 10-K Annual Report for the fiscal year ending January 31, 2006, the company reported: "The Company is a defendant in Savaglio v. Wal-Mart Stores, Inc., a class-action lawsuit in which the plaintiffs allege that they were not provided meal and rest breaks in accordance with California law, and seek monetary damages and injunctive relief. A jury trial on the plaintiff's claims for monetary damages concluded on December 31, 2005. The jury returned a verdict of $57,216,673 in statuatory peanlities and $115 million in punitive damages. The Company believes that it has substantial defenses to the claims at issue, and intends to challenge the verdict in post-trial motions and, if necessary, on appeal. Meanwhile, the plaintiff's claims for injunctive relief have been tenatively set for trail in June 2006."[http://www.sec.gov/Archives/edgar/data/104169/000119312506066792/d10k.htm]

<div class="references-small"><references/></div>

=== ChildExternal laborlinks violations ===

* {{playmate|1993|10}}

In January 2004, the New York Times reported on an internal Wal-Mart audit conducted in July 2000 which examined one week's time-clock records for roughly 25,000 employees. According to the New York Times, the audit "pointed to extensive violations of child-labor laws and state regulations requiring time for breaks and meals" including 1,371

* {{ymovies name|1800020490}}

instances of minors working too late, during school hours, or for too many hours in a day. There were 60,767 missed breaks and 15,705 lost meal times. Wal-Mart’s vice president for communications, Mona Williams, responded that company auditors had determined that the methodology used was flawed. "This audit is so flawed and invalid that we did not respond to it in any way internally." [http://www.suu.edu/faculty/bowman/NYTimes/International.htm#In-House%20Audit%20Says%20Wal-Mart%20Violated%20Labor%20Laws]

* {{imdb name|0000189|Jenny McCarthy}}

*{{tvtome person|id=26294|name=Jenny McCarthy}}

{{start box}}

Today Wal-mart gets fifteen days' notice before [[child labor]] inspections. [http://hr.blr.com/display.cfm/id/10784]

{{succession box|before=[[Ronan Keating]]| title=[[MTV Europe Music Awards]] host| years=1998| after=Ronan Keating}}

{{end box}}

{{Playmates of 1993}}

=== Arrangement with Department of Labor ===

{{PMOYs}}

Under an arrangement, disclosed by the New York Times, Wal-Mart will be allowed 15 days to investigate and rectify employee complaints before the Department of Labor conducts any investigation. Upon receiving a complaint about a potential violation of wage and hour laws, DOL’s field offices around the country are now instructed to notify the DOL office in Little Rock, Arkansas, which will then notify Wal-Mart’s headquarters in Bentonville, Arkansas of the complaint. The Department will not launch its own investigation during that time and it remains unclear under what circumstance it would launch an investigation after the 15 day period ends, Representative George Miller (D-California) requested an investigation by the DOL’s Inspector General to determine whether the arrangement represents a sweetheart deal between the Bush Administration and Wal-Mart. [http://www.mindfully.org/Industry/2004/Wal-Mart-Labor-Violations14feb04.htm]

Critics respond that Wal-Mart’s labor law violations range from illegally firing workers who attempt to organize a union to unlawful surveillance, threats, and intimidation of employees who dare to speak out. [“Everyday Low Wages: The Hidden Price We All Pay for Wal-Mart," A Report by the Democratic Staff of the Committee on Education and the Workforce, 2/16/04]

=== Illegal use of undocumented workers ===

According to [[Jay Nordlinger]] of the [[National Review]], Wal-Mart executives did know that contractors were using illegal aliens as they had been helping the Federal government with the investigation for the previous three years. [http://www.nationalreview.com/nordlinger/nordlinger200404050842.asp] Some critics argued that Wal-Mart personally hired illegal aliens, while Wal-Mart claims they were employees of contractors who won bids to work for Wal-Mart. [http://www.walmartfacts.com/newsdesk/article.aspx?id=1012]

Since [[1997]], investigators have found 250 [[illegal immigrants]] working at Wal-Mart stores.{{fact}}<!--- From this page seems like more---> These individuals were employed by custodial services [[subcontractors]] used by Wal-Mart. Many of the janitors worked seven days a week without overtime pay or injury compensation. To settle federal criminal charges relating to these incidents, Wal-Mart paid $11 million in March [[2005]] without admitting wrongdoing or liability. [http://query.nytimes.com/gst/abstract.html?res=F6061FF93A580C7A8DDDAA0894DD404482] There were no charges brought against Wal-Mart or any of its associates. Several of the custodial services firms that employed the illegal immigrants pled guilty to criminal charges.

On October 23, 2003, federal agents raided 61 Wal-Mart stores in 21 states, in a crackdown known as "Operation Rollback". [http://money.cnn.com/2003/10/23/news/companies/walmart_worker_arrests/?CNN=yes] When they left, the agents had arrested 250 nightshift janitors who were undocumented workers. Following the arrests, a grand jury convened to consider charging Wal-Mart executives with labor racketeering crimes for knowingly allowing undocumented workers to work at their stores. The workers themselves were employed by agencies Wal-Mart contracted with for cheap cleaning services. While Wal-Mart executives have tried to lay the blame squarely with the contractors, federal investigators point to wiretapped conversations showing that executives knew the workers were undocumented.

Additionally, some of the janitors have filed a class-action lawsuit against Wal-Mart alleging both racketeering and wage-and-hour violations. According to the janitors, Wal-Mart and its contractors failed to pay them overtime totaling, along with other damages, $200,000. One of the plaintiffs told the New York Times that he worked seven days per week for eight

months, earning $325 for 60-hour weeks ($5.41 per hour), and that he never received overtime pay. A legal question now being raised is whether these undocumented workers even have the right to sue their employers.

The October 2003 raid was not the first time Wal-Mart was caught using undocumented workers. In 1998 and 2001, federal agents arrested 102 undocumented workers at Wal-Mart stores around the country. [http://www.laborresearch.org/story.php?id=332]

In [[February 2004]], "the civil rights suit filed against Wal-Mart Stores Inc. by illegal immigrants was expanded Monday to accuse America’s biggest retailer of locking its janitors inside stores during their shifts."[http://msnbc.msn.com/id/4146540/]

In [[March 2005]], Wal-Mart settled the lawsuit the government brought against them, for $11 million. "We acknowledge that we should have had better safeguards in place to ensure our contractors were hiring only legal workers," said Mona Williams, a Wal-Mart spokeswoman. "That's why we are agreeing to pay the $11 million." [http://www.washingtonpost.com/wp-dyn/articles/A48612-2005Mar18.html]

In [[November 2005]], 125 alleged illegal immigrants were arrested while working on construction of a new Wal-Mart distribution center in eastern Pennsylvania. According to Wal-Mart, the workers were employees of Wal-Mart's construction subcontractor. [http://money.cnn.com/2005/11/18/news/fortune500/walmart_raid/?cnn=yes]

==Health insurance==

According to an October 2005 article in [[BusinessWeek]], Wal-Mart's health insurance covers 44% or approximately 572,000 of its 1.3 million U.S. workers. <ref name="stepped-up">{{cite news

|first=Aaron

|last=Bernstein

|url=http://www.businessweek.com/bwdaily/dnflash/oct2005/nf20051020_3732_db016.htm

|title=A Stepped-Up Assault on Wal-Mart

|work=[[Business Week]]

|date=[[2005-10-20]]

}}</ref> In comparison, Wal-Mart rival [[Costco]] insures approximately 96% of its eligible workers. <ref>{{cite news

|first=Reed

|last=Abelson

|url=http://www.globalexchange.org/campaigns/sweatshops/2665.html

|title=States Are Battling Against Wal-Mart Over Health Care

|work= New York Times

|date= [[2004-11-01]]

}}(article archived on [http://www.globalexchange.org Global Exchange]).</ref> Further, Wal-Mart spends an average of $3,500 per employee for health care, 27% less than the retail-industry average of $4,800.<ref>{{cite news

|author= Wysocki, Bernard Jr., and Ann Zimmerman

|title=Wal-Mart Cost-Cutting Finds a Big Target in Health Benefits

|work=[[Wall Street Journal]]

|page= 1

|date= [[2003-09-30]]

}}</ref> Wal-Mart CEO [[Lee Scott]] acknowledged benefits could improve by claiming Wal-Mart employees can get better value from taxpayer funded health care than from Wal-Mart's own health plans: "''In some of our states, the public program may actually be a better value - with relatively high income limits to qualify, and low premiums.''" <ref>{{cite news

|first=Deirde

|last=Fulton

|url=http://www.ncrp.org/AR-101405-TheBostonPhoenix-No_Sympathy.asp

|title=No sympathy for the devil

|work=[[Boston Phoenix]]

|date=[[2005-10-14]]

}}. Quote taken from [[April 5]], [[2005]] speech by Wal-Mart CEO [[Lee Scott]].</ref> On April 17th, 2006, Wal-Mart announced it was making a health care plan available to part-time workers after 1 year of service, instead of the prior 2 year requirement. One criticism of the new plan is that it provides benefit only after a $1,000 deductible is paid ($3,000 for a family). These deductibles may financially be out of reach for eligible part-time workers. Wal-Mart estimates this change can add 150,000 workers to health coverage plans, if all who are eligible take part. [http://news.yahoo.com/s/ap/20060417/ap_on_re_us/wal_mart_health_care]

=== Wal-Mart and Healthcare ===

According to Jay Nordlinger and Wal-Mart, more than 80% of Wal-Mart associates have healthcare coverage; and according to Wal-Mart more than 150,000 associates have been given healthcare coverage under the new healthcare plan implemented in 2005.

Many critics of Wal-Mart, including those in "Wal-Mart: the High Cost of Low Prices"[http://www.walmartmovie.com/] argue that employees are paid so little they cannot afford health insurance. According to Jay Nordlinger of the National Review, fifty percent of Wal-Mart employees receive health care coverage through Wal-Mart. This could be in part because Wal-Mart only offers benefits to its part time employees who have been employed there for at least 2 years.

=== Internal Memo ===

On [[October 26]], [[2005]], ''[[The New York Times]]'' reported that a Wal-Mart internal memo sent to the firm's board of directors advised trimming over $1 billion in health care expenses by 2011 through measures such as attracting a younger, implicitly healthier work force by offering education benefits. The memo also suggested giving sedentary Wal-Mart staffers, such as cashiers, more physically demanding tasks, such as "cart-gathering", and eliminating full-time positions in favor of hiring part-time employees who would be ineligible for the more expensive health insurance [http://www.upi.com/HealthBusiness/view.php?StoryID=20051026-015207-2193r] &mdash; policy proposals which may violate the [[Americans with Disabilities Act of 1990]].

According to the article, the memo accused Wal-Mart's lower paid employees of abusing emergency room visits, "possibly due to their prior experience with programs such as Medicaid", whereas such visits may actually be due to the reduced ability of uninsured or underinsured people to make timely appointments to see a regular physician. [http://www.healthfinder.gov/news/newsstory.asp?docID=527954]

The memo reportedly also expressed concern that an employee with seniority earns more money, but is not more productive than a new employee.

Critics point to the story as evidence that Wal-Mart purports to be generous with its employee benefits, while in reality the company is working to cut such benefits by reducing the number of full-time and long-term employees and discouraging supposedly unhealthy people from working at Wal-Mart. [http://walmartwatch.com/press/releases/confidential_wal_mart_memo_revealed/]

=== State Legislature Actions ===

On January 12, 2006, the [[Maryland]] legislature enacted a law requiring that all corporations with more than 10,000 employees in the state spend at least 8% of their payroll on employee benefits, or pay into a state fund for the uninsured. Wal-Mart, with about 17,000 employees in Maryland, was the only known company to not meet this requirement before the bill passed. <ref>{{cite news

|url=http://msnbc.msn.com/id/10827217/

|title=Md. forces Wal-Mart to spend more on health

|publisher=Associated Press

|date= [[2006-01-13]]

}}</ref>[http://www.washingtonpost.com/wp-dyn/articles/A28219-2005Apr5.html]

On Wednesday July 7, 2006, the Maryland law was overturned in federal court by U.S. District Judge Frederick Motz who held that a federal law, the [[Employee Retirement Income Security Act]] (ERISA), [[Preemption (law)|pre-empted]] the Maryland law. In his opinion, Motz said that the law would "hurt Wal-Mart by imposing the administrative burden of tracking benefits in Maryland differently than in other states."

<ref>{{cite news

|url=http://www.upi.com/HealthBusiness/view.php?StoryID=20060719-044301-8309r

|title=Md. 'Fair Share' law loses in court

|publisher=United Press International

|date= [[2006-07-19]]

}}</ref>

On January 19, 2006, "Fair Share Health Care" legislation in Wisconsin was defeated. Wal-Mart spokesperson Nate Hurst stated: "That this bill failed even to make it out of committee in the Wisconsin Assembly is a big setback to the Washington, D.C. union leaders driving these state-by-state attacks against large employers. We're hopeful that more state legislators across America -- like those in Wisconsin -- will come to realize that these bills are harmful to working families. Not only will they do nothing to control the cost of health care or improve access to health coverage, they will cost jobs and hurt economic growth. The American people want their legislators to resist special interest pressure and instead work with colleagues and businesses of all sizes to solve the health care challenges facing America."[http://www.prnewswire.com/news/index_mail.shtml?ACCT=104&STORY=/www/story/01-19-2006/0004264098&EDATE=]

== Opposition to unions ==

=== Wal-Mart and unions ===

Wal-Mart states that it is not anti-union but "pro-associate", arguing that its employees need not pay third parties to discuss problems with management as the company's open-door policy enables employees to lodge complaints and submit suggestions all the way up the corporate ladder. [http://www.walmartfacts.com/doyouknow/faq.aspx#a164][http://www.walmartfacts.com/newsdesk/company-statements.aspx#a783]

The [[UFCW]] has organized pickets outside of Wal-Mart stores in protest of their employee policies.

According to Wal-Mart's own training video, Wal-Mart also believes that remaining without unions benefits associates by not only keeping union dues out of associate pay checks but by also maintaining a merit based promotion system that rewards associates for hardwork and innovation rather than a tenure based union system that rewards laborers for how many years they have worked.[http://walmartfacts.com/]

=== Meat cutters ===

In 2000, meat cutters in Jacksonville, Texas voted to unionize. Wal-Mart eliminated in-house meat-cutting jobs in favor of prepackaged meats on the claims that it cut cost and was a preventive measure to lawsuits. Wal-Mart also claims this nationwide closing of in-store meat packaging had been planned for many years and was not related to the unionization. In June 2003, a National Labor Relations Board judge ordered Wal-Mart to restore the meat department to its prior structure, complete with meat-cutting, and to recognize and bargain with the union over the effects of any change to case-ready meat sales. <ref>[http://www.laborresearch.org/story.php?id=310 Wal-Mart Butchers Force Anti-Union Retailer to Eat Crow], ''[[Labor Research Association]]'' July 7, 2003; [http://www.labornews.com/meatsaw.htm NLRB Judge Orders Wal-Mart To Bargain With UFCW In Texas] ''Labor News'', [http://www.inthesetimes.com/issue/24/12/lydersen2412.html Wal-Martyrs] ''[[In These Times]]'', Vol. 24, No. 12, 2000, [http://www.voanews.com/english/2005-02-25-voa64.cfm Wal-Mart Wins a Round In Its Struggle To Keep Unions At Bay] ''[[Voice of America]]'', 25 February 2005; [http://www.livejournal.com/users/bailey83221/13860.html#rocky Rally for union bid], ''[[Rocky Mountain News]]'', February 24, 2005</ref>

=== Canada ===

The documentary "Wal-Mart the High Cost of Low Prices" shows one successful unionization of Wal-Mart in Canada in 2004. (Jonquière in the province of Québec) but Wal-Mart closed the store within the year claiming the store had become unprofitable. According to Québec law, Wal-Mart must pay all workers the same wage until they are offered similar employment. Wal-Mart stated that it has no intention of re-opening the store, but the labor union and workers argued the store closing was a retaliation against unionization on the grounds that Wal-Mart has not sold the property.

In September 2005, the Québec Labour Board ruled that the closing of a Wal-Mart store amounted to a reprisal against unionized workers and has ordered the company to compensate former employees.[http://www.ufcw.org/issues_and_actions/walmart_workers_campaign_info/news/exworkerswin.cfm] Michael J. Fraser, the union's national director said; "Wal-Mart is trying to send a message to the rest of their employees that if they join a union the same thing could happen to them," The union will be filing unfair labor practice charges against Wal-Mart in Quebec.

The ''United Food and Commercial Workers Union'' has drives in at least 25 Canadian stores. Workers at the Jonquiere store received union certification in August 2004 and [[Saint-Hyacinthe, Quebec]] has the only remaining unionized Wal-Mart in North America. The Quebec Labour Relations Board found the company guilty of harassing and intimidating workers trying to join the United Food and Commercial Workers Union at another store in Ste-Foy, Quebec. [http://montreal.cbc.ca/regional/servlet/View?filename=qc-walmart20050225]

=== Anti-Union tools ===

In 1970, Sam Walton resisted a unionization push by the Retail Clerks Union in two small Missouri towns by hiring a professional, John Tate, to lecture workers on the negative aspects of unions. On Tate's advice, he also took steps to instruct his workers on how the company had their best interests in mind, encouraging them to air concerns with managers and implementing a profit-sharing program. Shortly after this, Wal-Mart hired a consulting firm, Alpha Associates, to develop a union avoidance program. [http://www.motherjones.com/news/feature/2003/03/ma_276_01.html]

The [[United Food and Commercial Workers]] (UFCW) asserts that Wal-Mart maintains a phone hotline for managers to call if they suspect union activity. <ref>[http://reclaimdemocracy.org/walmart/manuals_internal_documents.php Reclaim Democracy, Internal Documents of Wal-Mart] Including "A Manager's Toolbox to Remaining Union-Free", A standard manual for all Wal-Mart managers.</ref>

Wal-Mart has an anonymous survey given to each one of its employees, called "Grassroots". The UFCW claims that the purpose of this survey is to let Wal-Mart calculate a Union Probability Index number for each facility, that tells them how likely a union is to form there. UFCW representatives also claim that Wal-Mart listens in on store telephone calls and e-mails, looking for signs of unionization.[http://www.findarticles.com/p/articles/mi_m5072/is_6_26/ai_113457677] Wal-Mart also uses this survey to understand associate concerns including pay, relationship with managers, and views on managerial policy and leadership.

It was the opinion of the National Labor Relations Board that Wal-Mart had an illegal section of its anti-handbilling/anti-solicitation policy which according to the NLRB stated that Wal-Mart “strives to provide a solicitation-free atmosphere for our customers” and later added "Our Associates are to be focused on being productive and providing excellent service."; which in the opinion of the NLRB was determined to be too broad and intended to keep associates from receiving solicited material while in store and off the clock. In 2003, Wal-Mart amended this policy in an informal settlement with the National Labor Relations Board so that it now disallows any form of solicitation to take place within the store. [http://www.nlrb.gov/nlrb/shared_files/admemo/admemo/4-CA-32391(11-19-03).htm]

In March of 2005, Tom Coughlin was forced to resign from Wal-Mart's board of directors. The company claims that they found evidence of embezzlement by Coughlin. Coughlin claims that the money was used for an anti-union project involving cash bribes paid to employees of the United Food and Commercial Workers union in exchange for a list of names of Wal-Mart employees that had signed union cards. Coughlin also claims the money was unofficially paid to him, by Wal-Mart, as compensation for his anti-union efforts.{{ref|Coughlin}} Coughlin's claims have, according to the New York Times, seemed less credible with his agreement to plead guilty to federal wire fraud and tax evasion. As the Times notes: "...the lack of evidence that he used the missing money to spy on unions raise doubts as to whether such a project even existed." [http://www.nytimes.com/2006/01/09/business/09walmart.html?ex=1223182800&en=f1281a0fa5ff2967&ei=5035&partner=MARKETWATCH]

==Workforce diversity==

See [[Wal-Mart workforce diversity]].

Wal-Mart is currently facing several lawsuits including a $11 billion [[Discrimination|gender discrimination]] lawsuit, [[Dukes v. Wal-Mart]], representing approximately 1.6 million women. In 200, Wal-Mart entered into a global settlement with the EEOC for cases of disability discrimination. Wal-Mart has received improving scores on the Corporate Equality Index, published by the Human Rights Campaign, a measure of how companies treat gay and lesbian employees and consumers. In January 2006, Wal-Mart announced that "diversity efforts include new groups of minority, female and gay employees that have started meeting at Wal-Mart headquarters in Bentonville to advise the company on marketing and internal promotion.

==Current litigation==

Wal-Mart may be the most-frequently sued corporate entity in the [[United States]] and its legal department has a reputation for aggressive legal tactics.<ref>http://www.nfsi.org/walmart/Lawsuits%20a%20volume%20business%20at%20Wal-Mart.htm</ref> Details of specific, major lawsuits are included below based on each lawsuit's primary subject.

===Methodology of bonus plans===

"A putative class action is pending in California challenging the methodology of payments made under various Associate incentive bonus plans, and a second putative class action in California asserts that the Company has omitted to include bonus payments in calculating Associates' regular rate of pay for purposes of determining overtime. As to the first case (Cruz v. Wal-Mart Stores, Inc.), the Company cannot estimate the possible loss or range of loss which may arise. The parties have entered into an agreement to settle the second case (Fries v. Wal-Mart Stores, Inc.), which must be approved by the court in order to become effective. If approved by the court, the settlement will include all class members who do not opt out of the settlement class. The amount to be paid by Wal-Mart under the settlement will not have a material impact on the Company's financial condition or results of operations."<ref>http://www.sec.gov/Archives/edgar/data/104169/000010416905000019/wmt10q_q3fy2006.htm</ref>

===Challenge of exempt status===

"The Company is currently a defendant in four putative class actions brought on behalf of assistant store managers who challenge their exempt status under state and federal laws, which are pending in California, Michigan, New Mexico, and Tennessee. Conditional certification for notice purposes under FLSA has been granted in one of these cases (Comer v. Wal-Mart Stores, Inc.). Otherwise, no determination has been made as to class certification in any of these cases."<ref>http://www.sec.gov/Archives/edgar/data/104169/000010416905000019/wmt10q_q3fy2006.htm</ref>

== See also ==

* [[Debates over Wal-Mart]]

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