On Dec. 15, the Supreme Court of Pennsylvania made clear how costly wage-and-hour litigation can be to Pennsylvania employers by affirming an award of over $187 million dollars against Wal-Mart for claims relating to rest breaks and off-the-clock work in Braun v. Wal-Mart Stores, 2014 Pa. LEXIS 3324 (Pa. Dec. 15, 2014).
The dissenting opinion of Justice Thomas G. Saylor in the case is a clarion call to Pennsylvania employers (as well as the Pennsylvania legislature) to stand up and take notice of the significance of this decision. Opining that the trial court and Superior Court implemented “a severely lax approach to the application of governing substantive law in the issuance and sustainment of an almost $200 million verdict based on proof which was insufficient to establish liability and damages across a 187,000-member class,” Saylor went on to say as follows:
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