July 2, 2020

Volume X, Number 184

July 02, 2020

Subscribe to Latest Legal News and Analysis

July 01, 2020

Subscribe to Latest Legal News and Analysis

June 30, 2020

Subscribe to Latest Legal News and Analysis

June 29, 2020

Subscribe to Latest Legal News and Analysis

A $21 Million Lesson for Joint Employers

Schneider Logistics Inc. (Schneider) agreed last month to pay a staggering $21 million to settle a class-action civil lawsuit brought by workers at a California warehouse. The suit, Carrillo v. Schneider Logistics et al, is not only significant because of the hefty settlement amount, but also because it shows courts’ willingness to untangle multi-level business operations and hold all involved entities liable for wage and hour violations.

The workers involved in the suit work at a warehouse that provides services for Walmart. Although Walmart often manages its own warehouse and distribution centers, it turns management of some over to logistic companies like Schneider. Schneider has managed the warehouse involved in the Carrillo suit since 2006 but has contracted with two labor services subcontractors to provide the actual loading and unloading labor.

The workers who brought the suit say they were illegally underpaid, were not compensated for overtime work, were denied mandatory meal and rest breaks, and were retaliated against when they complained about their working conditions. Although the two smaller firms hired them, the workers argued that Schneider and Walmart were also responsible for compliance with workplace regulations. For their part, Walmart and Schneider argued that they were not joint employers because the workers in question were directly employed and paid by the labor services subcontractors. Walmart also argued that it was merely a “customer” of the warehouse.

In a January 2014 ruling, a U.S. District Judge in California rejected these claims by Walmart and Schneider, and ruled they remained potentially liable in the case. Significantly, this marked the first time that retail giant Walmart was determined to have joint employer status in a suit involving contracted laborers.

Faced with the threat of having to stand trial as a potential joint employer, Walmart and Schneider agreed to a settlement of $21 million to resolve the massive wage and hour claims. Under the terms of the settlement agreement, Schneider will pay the entire $21 million in unpaid wages, interest, and penalties.

This settlement sends an important message to all joint employers, even those involved in multi-level business operations. Employers at every level of the operation must concern themselves with the day-to-day operations of their workplaces. Structural insulation from direct business operations does not equate to insulation from legal liability.

©2020 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume IV, Number 167


About this Author

David W. Croysdale, Michael Best Law Firm, Labor Employment Attorney

David is a zealous and unrelenting advocate in employment and labor relations matters. He also serves as general counsel for selected clients. David’s practice is defined by his singular commitment to helping clients achieve their business objectives.

A seasoned practitioner, David maintains a keen focus on helping clients manage employment law and corporate law risk by point-of-decision counsel and through the general counsel relationship. He brings over 40 years of experience to the bargaining table to achieve cost-effective solutions that preserve and maximize business...

Anne Carroll, employment relations, attorney, Michael best, law firm

Anne provides counseling and representation to employers with respect to a full spectrum of legal issues that arise out of the employment relationship. Anne focuses her practice on the following areas:

  • Defense of employment claims, including discrimination, harassment, failure to accommodate, wrongful termination, retaliation, employee leave, and breach of contract claims
  • Proactive employment counseling, including handbook and policy reviews, to ensure compliance with federal, state, and local labor and employment laws, maximize workplace productivity, and minimize the threat of litigation
  • Workplace investigations and management training
  • Counseling and litigation work for higher education clients on a broad spectrum of issues, including employment matters, student discipline, Title IX, and privacy concerns