California Walmart Cashier Seating Class Action Settlement

A $65 million settlement has been reached to resolve claims that Walmart front-end cashiers in California are unfairly denied the ability to be seated while working.

If you worked as a front-end cashier for a Walmart store located in California between June 11, 2008 and Dec. 6, 2018, you could get $4 per pay period worked from this class action settlement.

Those who worked at a California Walmart for the entire Class period could get more than $1,000 from this settlement.

According to a Walmart class action lawsuit filed by plaintiffs Kathy Williamson and Nisha Brown, Walmart violated California labor laws by failing to provide their cashiers with “suitable seats when the nature of the work reasonably permits.”

The Walmart cashier class action lawsuit was originally filed in 2009 under California’s Private Attorneys General Act, a state law that allows employees to file lawsuits on behalf of the state if employers are violating labor laws.

The $65 million settlement between Walmart and its California cashiers will be the largest settlement reached under the Private Attorneys General Act since it was first passed in 2004.

The settlement was first proposed in October 2018 to resolve nearly 10 years of hotly contested litigation. The originally proposed settlement would have allowed Walmart to remove the seats after two years, but U.S. District Judge Edward Davila denied preliminary approval due to the “total authority” the company would have.

A revised version of the settlement was approved by Judge Davila in December after changes were made which will allow Walmart to remove the seats if they lead to “increased injuries or accidents” or if they harm the “the quality and effectiveness of the cashier’s overall job performance.”

Walmart has also agreed to inform the cashiers, Class counsel, and the Labor and Workforce Development Agency before removing the seating, should it be necessary.

Class Members have until Feb. 25, 2019 to file a valid claim. A PSA ID and Social Security number are required to file a claim. Claims can be filed either online through the settlement website or by printing, completing, and mailing a form to the settlement administrator.

The Private Attorneys General Act requires that 75 percent of the settlement be paid to the California Labor and Workforce Development Agency.

After this amount is paid, the net settlement fund will be distributed to Class Members who file a valid claim. Settlement documents indicate that Class Members are expected to receive $4 for each pay period they worked during the Class period.

Walmart cashiers who want to be excluded from the settlement or wish to object to its terms must do so by Feb. 25, 2019.

Who’s Eligible

Individuals who were employed as a front-end cashier at a Walmart store located in California between June 11, 2008 and Dec. 6, 2018.

Potential Award

$4 per pay period (estimate)

Settlement documents estimate that after all litigation fees are paid, and after 75 percent of the fund is paid to the California Labor and Workforce Development Agency, Class Members should expect to get $4 for each pay period they worked.

The settlement website states that a Class Member employed with Walmart for the entirety of the Class period could receive more than $1,000.

Proof of Purchase

PSA ID and the last four digits of your Social Security number.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

2/25/2019

Case Name

Brown, et al. v. Wal-Mart Stores Inc., Case No. 5:09-cv-03339-EJD, in the U.S. District Court for the Northern District of California

Final Hearing

3/28/2019

UPDATE: The California Walmart Cashier Seating Class Action Settlement was granted final approval on March 28, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.CaliforniaSeatingLaw.com

Claims Administrator

Brown et al v. Wal-Mart Stores Inc.
c/o Phoenix Class Action
P.O. Box 7208
Orange, CA 92863
1 (800) 560-6037
info@PhoenixClassAction.com

Class Counsel

Charles A. Jones
Kelly McInerney
JONES LAW FIRM

Matthew Righetti
RIGHETTI GLUGOSKI PC

Defense Counsel

Andrew G. Klevorn
Gloria Franke Shaw
KATTEN MUCHIN ROSENMAN LLP

Brain L. Duffy
Chad J. Doellinger
Naomi G. Beer
GREENBERG TRAURIG LLP