Jessy Edwards  |  February 25, 2021

Category: Covid-19

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A Walmart class action lawsuit has been filed by employees over unpaid COVID-19 screening times.

Walmart is being sued by its employees, who claim the retail giant made them arrive at work at least 30 minutes early for COVID-19 screenings that they weren’t paid for.

In a proposed class action lawsuit filed Tuesday in the Eastern District of California, current and former Walmart employees claimed the corporation violated the federal Fair Labor Standards Act (FLSA) and California law when it implemented a time-consuming screening policy of questions and temperature checks that wasn’t compensated.

“[Walmart] implemented an illegal policy requiring its non-exempt workers to undergo a COVID-19 screening each shift without pay,” the lawsuit said.

“This physical and medical examination constitutes compensable time that was worked by the plaintiffs and Class Members…. In addition to the plaintiffs, Walmart has failed to pay for the time spent undergoing COVID-19 screenings by thousands of other workers nationwide.”

The lawsuit was filed by plaintiffs Amado Haro and Rochelle Ortega, who worked at different Walmarts in California. 

The lawsuit alleges that at the Walmart retail stores, employees are required to arrive at least 30 minutes prior to the start of their shift so that they can complete the COVID-19 screening with enough time to clock in by the start of their scheduled shift. They weren’t able to clock in before doing the screening.

At the screening, employees’ temperature is taken and they are asked screening questions, the lawsuit said. If they don’t pass this test, they go to a second examination, where it is determined whether they can work that day.  

A similar process happens at the fulfillment centers, the class action lawsuit states, saying it takes on average 10-15 minutes to do the screening, more if there are other employees in line.

According to the lawsuit, under the FLSA and California law, that time should have been compensated as it was required by the retailer, and was ultimately for Walmart’s benefit.

The lawsuit said employees are owed “significant unpaid wages,” including overtime where they worked more than eight hours in a day. 

The workers are seeking to represent a FLSA class of all current and former hourly Walmart employees who underwent a COVID-19 screening during at least one week in the past three years. They are also seeking to represent a California class, and ask for a jury trial, injunction, damages and costs.

Are you a Walmart employee who was made to start work early for an unpaid COVID-19 screening? Let us know in the comments below or go here to join a class action lawsuit investigation.

The employees are represented by Don J. Foty and David W. Hodges of Hodges & Foty LLP and Matthew S. Parmet of Parmet PC.

The Walmart COVID-19 Screening FLSA Class Action Lawsuit is Haro et al v. Walmart Inc., Case No. 1:21-cv-00239, in U.S. District Court for the Eastern District of California.

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7 thoughts onWalmart Sued By Employees Alleging Unpaid COVID-Screening Time

  1. Catatina Mcdaniel says:

    Add me to this one

  2. Crystal L Mcclain says:

    Hey how can we join florida walmarts do this too

  3. Rose Nicholson says:

    Add me

  4. Melissa A Woolery says:

    Same thing extra time made us leave early

  5. Kimberly Colby says:

    yes add me. plus if you were late because of screening, they wouldnt fix my time so I was charged occurence and when I took temperature at home and 3 different times I was not allowed to comei in because temperature was over 100 and then was fired for over 5 absences in a 6 month period.

  6. LISA HAWKINS says:

    Please add me

  7. Donald Bowker says:

    They did it in Arizona too, giving us some extra time and then making us leave early so we did not have overtime.

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