Calif. Judge Dismisses Most of a Wal-Mart Wage And Hour Class Action

A California district judge has dismissed most of a wage and hour class action lawsuit filed against retail giant Wal-Mart, deeming the plaintiff’s allegations are “insufficient”.

U.S. District Judge Andrew Guilford ruled in favor of Wal-Mart, slashing many of the counts that Plaintiff Afrouz N. alleges in his California wage and hour class action lawsuit against the retailer.

On the question of whether the online courses for immunization certifications should be counted as work time and whether Wal-Mart failed to provide rest breaks for pharmacists, Judge Guilford dismissed that charge but is giving the plaintiff leave to amend within 21 days. However, he denied the request to strike class allegations.

Wal-Mart Pharmacists Allege CA Wage and Hour Violations

Fed up with alleged unpaid overtime and missed rest periods, a former Wal-Mart pharmacist, filed the California wage and hour class action lawsuit against Wal-Mart on behalf of all pharmacists working for the retailer, alleging that Wal-Mart violated California labor laws by not paying their pharmacists for time spent studying for and taking the American Pharmacists Association’s Immunization Training programs as well as for required 10-minute rest breaks during their shifts.

Afrouz worked for the company for more than a decade, from 2003 through 2014. He alleges that in addition to a failure to ensure pharmacists received legally-mandated rest breaks, that the retailer did not pay him and other pharmacists for the time studying for and completing online APhA Immunization Training Programs. The training programs, he asserted, were related directly to his responsibilities as a pharmacist.

The California wage and hour class action lawsuit asserts the company implemented and utilized a company-wide policy of denying overtime compensation or any compensation whatsoever for certain work-related tasks. The Wal-Mart wage and hour class action lawsuit seeks class action status for all pharmacists who worked for the company within the last four years.

California Labor Law

California labor law observes various state laws in concert with federal statutes under the Fair Labor Standards Act (FLSA) that mandate rest breaks, meal periods and overtime pay for non-management employees. Employers have reportedly attempted to circumvent such regulations by improperly classifying hourly employees as managers, even though they perform few, if any management tasks.

Employers who cut corners and disregard California employees rights can be held legally accountable by employees not to mention the fact that they may face stiff penalties. Employers can be held accountable for one hour of pay for each day that meal or rest break rights were violated, plus any corresponding overtime pay.

This is not the first time Wal-Mart has faced accusations of labor law violations by its pharmacists.

The Wal-Mart California Wage and Hour Class Action Lawsuit is Case No. 8:15-cv-00202, in the U.S. District Court for the Central District of California.

Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now