You can make the argument that 3.5% isn't high enough, but it's not nothing.
Your 3.5% uses 3 months of income as the denominator.
I haven't looked up Walmart's past income, but there are 40 quarters in 10 years, so it's possible they've been fined <0.1% of their income (3.5% / 40).
You can make the argument that 3.5% isn't high enough, but it's not nothing.