Font Size: 
Diligence Pays Off for Plaintiffs Attorneys in Wal-Mart Wage-and-Hour Case
In case involving largest wage-and-hour class on record, federal judge grants 135 plaintiffs attorneys from 45 firms one-third of the payout -- as much as $28 million
The National Law Journal
November 04, 2009
When attorney Robert Bonsignore filed his first class action against Wal-Mart Stores Inc. in 2004, wage-and-hour claims weren't all the rage like they are now, and few attorneys wanted in on the action.
This week, a federal judge granted final approval to a settlement under which Wal-Mart will pay between $65 million and $85 million to resolve 39 consolidated wage-and-hour class actions involving more than 3 million Wal-Mart employees -- the largest wage-and-hour class on record.
The workers alleged that the retailer failed to compensate them for off-the-clock work and overtime, denied them rest breaks and falsified their time records.
Nevada U.S. District Court Judge Philip M. Pro awarded more than 135 plaintiffs attorneys from 45 firms one-third of the payout -- as much as $28 million.
"The Court finds that Class Counsel have achieved an exceptionally favorable result for the members of the Settlement Classes by diligently pursuing this complex litigation for years despite the substantial risk of no recovery," Pro wrote in his ruling Monday.
Bonsignore, the lead attorney, conceded that this was "not the most attractive case" in the beginning. Judges were denying class certification to Wal-Mart employees in several states, he noted, and wage-and-hour claims weren't all that popular yet.
"The lawyers here took on the largest company in America at great risk and were given a fair award," said Bonsignore, of Bonsignore and Brewer in Medford, Mass. "This was certainly a situation where they had underdogs."
The last day for past or current Wal-Mart employees to submit a request for a cash payment ranging from $50 to $1,000 is Nov. 9. All former and current employees are eligible to submit a claim.
