Anne Bucher  |  September 9, 2016

Category: Closed Class Actions

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This settlement is closed!

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Walmart Store Sign

A judgment has been entered in favor of certain employees who worked at Walmart and Sam’s Club Stores. If you worked as an hourly employee at a Walmart or Sam’s Club store between Mar. 19, 1998 and May 1, 2006, you may be entitled to payment from this class action lawsuit.

The plaintiffs filed the Walmart class action lawsuit seeking redress for missed meal and rest breaks and for off-the-clock work that employees allegedly performed when employed by Walmart.

They asserted claims for breach of contract, violations of the Pennsylvania Minimum Wage Act, violations of the Pennsylvania Wage Payment and Collection Act, restitution and unjust enrichment.

This Walmart lawsuit was certified as a class action lawsuit on Dec. 27, 2005. Approximately 187,000 current and former Pennsylvania employees may be entitled to benefits from the Walmart class action lawsuit.

On Oct. 13, 2006, a jury returned a $78.5 million verdict in favor of Walmart Stores Inc. employees who were forced to miss rest breaks and work off the clock in Pennsylvania between Mar. 19, 1998 and May 1, 2006.

A judge awarded Class Members an additional $62.3 million in statutory damages. Approximately 124,500 Class Members are entitled to statutory damages.

Walmart appealed the verdict and the appeal reached the U.S. Supreme Court. However, the high court refused to hear the case earlier this year. Therefore, the judgment stands.

Who’s Eligible

Class Members include hourly employees who were employed by Walmart or Sam’s Club stores in Pennsylvania between Mar. 19, 1998 and May 1, 2006.

Potential Award

To Be Determined.

According to the settlement website, payments are expected to be made by the end of 2016.

Proof of Purchase

N/A. Payments will automatically be made to eligible Class Members who have not opted out of this class action lawsuit.

To make sure you receive benefits, make sure your address is correct. Use the Change of Address Form link below.

Change Your Address
Claim Form Deadline

10/01/2016

Case Name

Braun v. Wal-Mart Stores Inc., et al., March 2002 Term, No. 3127 and Hummel v. Wal-Mart Stores Inc., et al., August 2004 Term, No. 3757, in the Pennsylvania Court of Common Pleas in Philadelphia County

Final Hearing

N/A

Settlement Website
Claims Administrator

Judgment Administrator
844-283-8543
info@StrategicClaims.net

Class Counsel

DONOVAN LITIGATION GROUP LLC
ABBEY SPANIER LLP
BADER & ASSOCIATES LLC
FRANKLIN D. AZAR & ASSOCIATES PC

Defense Counsel

Theodore Boutrous
Mark A. Perry
Amir C. Tayrani
Julian W. Poon
Alexander K. Mircheff
Bradley J. Hamburger
GIBSON DUNN

Join a Free Wage & Hour Class Action Lawsuit Investigation

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

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1,264 thoughts onWalmart, Sam’s Club Hourly Employee Class Action Settlement

  1. Aubree says:

    Has anyone received their payout yet?

  2. Michelle Clark says:

    The postcard said you need to submit a change of address if yours will change by December 1 so I’m thinking payments should be mailed by then.

  3. Candice says:

    Yes i have also recieved a post card but not sure when to expect a payout and how much

  4. Virginia Farley ((ginger)) says:

    How do I know if I am part of the settlement for the class-action lawsuit in Pennsylvania I received a postcard but that was all I’ve ever heard…. and how much money are people supposed to receive is my next question

    1. Ron says:

      I’m with you on that question of the estimated amount. That postcard you received should be a fair sign that you should be expecting something. I received one as well.

      1. Lori says:

        Me too received one but no amount and I take it as they should be mailed by Dec 1st. but website said by the end of the month!

        1. Liliebea69 says:

          Just got my check.

          1. Julia says:

            My sister got hers. She worked about 7 months and received over 500. I’m still waiting on mine. I ready all the amounts are different depending on how long you worked there

          2. Gloria says:

            g.kleinfelter@icloud.com
            Please tell me more information!
            I’m still waiting for mine!
            Thank you!

    2. Top Class Actions says:

      Unfortunately, no word on the amount that will be paid to each class member. You can contact the settlement administrator or class counsel with questions about the case or the settlement. Please let us know when you receive your check!

      1. Damaris Ortiz says:

        Do you have to file a claim to be eligible? I got the postcard but it don’t tell me to do anything

        1. Lori says:

          no you just had to contact them if your address changed since you worked there during those years

      2. Stacey Blain says:

        Well if wallmart is smart they will pay because 80 percent of us are going to put it back into walmart.

      3. Tonna&Josh Gillin says:

        I did not know that this even settled till today..we did not receive a postcard with our new address confirming that it was indeed our new address..I filled out the change of address on the website here..I found the actual papers that were sent to us over ten years ago glad I’m a paper hoarder lol..thank you for everything this is a surprise to us ..Tonna and Josh Gillin …email us if you didn’t see our address update thanks again

      4. Brenda says:

        Do you have a number I can call to see if I get anything

      5. Kristin says:

        Got mine, thank you

      6. Josh CIMINELLA says:

        How can you find out if you are involved in this but never received anything but have moved several times

      7. Meg says:

        I have been trying to call and email with no response for weeks now leaving voicemails nonstop… could SOMEONE please contact me back so I can have some answers to my questions including where my check is. Thank you

        1. Top Class Actions says:

          Top Class Actions is not a Settlement Administrator. We do not process settlement claims and do not mail out settlement checks. We do not have access to any individual claim information. You must contact the settlement administrator with your questions about your claim. Please scroll through the comments. Several viewers give information on the best way to contact the settlement administrator. You can also contact class counsel with your concerns.

      8. Nancy Tracy says:

        I didn’t get mine yet, but everyone I know got theirs. Don’t know why mine isn’t here when I got the postcard and I haven’t moved.

  5. Dee says:

    This should have been a suit for all of the states – it wasn’t just done in PA during these years, it was company wide.

    1. dede says:

      no this is a pa suit

  6. Cynthia Weber says:

    Worked for Sams Club in San Diego,CA. From Sept.2001 to 2003 inSept. Are there any class actions in this state. They get away with cheating their employees all the time.

  7. Katrina andrews says:

    I worked for Sams Club in Georgia and it’s the same situation here!! Is there a class action lawsuit for Ga? I worked at sams club for 13 years and breaks were not a priority!

  8. whatev says:

    It’s also in Pennsylvania.

  9. Desarie says:

    I worked here for 2 years in 2006 and 2007 how come i didnt received anything

    1. Tyasia Barefield says:

      U have to file a claim

      1. Wayne Rogers says:

        Doesn’t work that way.You’re automatically included unless you opt out

    2. Suzi says:

      Cut off was 2006. I believe,

    3. Balza Steal says:

      Yeah I just found out I’m getting $4,345.64.
      I was there 2 months, I was also there before 2002, I don’t get why all these amounts are so off?

      1. Meg says:

        How did you find out that you were getting that amount? Ive been trying to find out when i will be getting my check and how much and im not getting a call back or return email.

      2. Katina Cook says:

        How did you find out how much you were getting

      3. Penny Blizzard says:

        How did u find out how much u were getting?

        1. Just Because says:

          Call 610-565-9202 option one and option nine. It will probably tell you to leave a voicemail. I called back a few more times and someone answered. Same with a few people I know. When they answer ask them about the Wal-Mart lawsuit. They will ask you a couple questions, name – address- last four of social. They can give you an amount and tell you if it’s been mailed out. Between myself and few different people I know – we are all getting different amounts from 1400 to 4000! Good luck! =)

          1. Terri Lynn Brown says:

            Thanks for the info

          2. mom says:

            thank you for posting this so people can check up on the status’ of their checks and make changes if need be. i called and found out how much i am getting. it’s a nice amount too! but they had the wrong address, so they changed the address to my new one. they said because of the address change it could be until after the new year now until i receive my check. though i may have to wait a few weeks it will all be worth it! thank you once again for posting!! ps i had to call a couple times in a row like 5 or 6 times before someone actually answered!!

          3. Terri Lynn Brown says:

            I’ve been calling and I left a message. I also sent an email. How long do they take to respond to you? Thanks ??

          4. Jest Because says:

            @Terry Lynn Brown – I never left a voice mail – I just called back until someone answered and eventually (after a few calls) someone did. =)

    4. Kristin says:

      2006 was the cut off. That is when people opted in or out. You might have been employed after the cutoff date.

  10. Melanie says:

    Hi I currently work for walmart now in the pharmacy department. Since I work there now they still don’t give breaks to us techs when there’s a floater pharmacist that don’t have numbers for cash register or when they are alone in the pharmacy. Is there still away to be added to the settlement or take on a new case .

    1. Donna Blair says:

      I also work in the Pharmacy as a Cashier, Filler and now learning how to Input. We seldom get breaks. I have been in the Pharmacy for almost two years. We don’t have the coverage so we don’t take our breaks. The only breaks we receive is our lunch or dinner break. Very seldom do you get two breaks and a lunch, we are lucky when we do get a break. Our Pharmacist do not get a break at all unless it’s their 30 minute lunch break. They work 10-12 hours a day. I don’t feel that they shouldn’t get a break either. So for Walmart to say this issue is fixed, they are wrong. Our manager doesn’t prevent us from getting a break verbally, she states that we are in charge of getting our own breaks. But lack of coverage and being so busy, you don’t want to screw your co-worker and leave. Not having the coverage speaks volumes. Today we had 2 people working, one person 9-10, then 2 people 10-1. How do they expect you to take a break. This happens more then the company knows or cares. Turning a blind eye. One of the three beliefs of Walmart “Respect for the individual” isn’t a high priority. It really shows in the work place.

    2. Jay says:

      You would have to create a new class action. This is only for employees who worked there from 1998-2006

      1. Donna Evans says:

        I did work at this time, waiting like everyone else for their checks. My previous post was that we still don’t get our breaks, apparently the company still doesn’t get the point of following their own policies on breaks for hourly.

        1. elinor says:

          I am thinking the part-time employees get more money and that’s not fair, I was there full-time and work it was a CSM and I only got 50, another lady I know that worked full-time only got $11, my mother-in-law that was part time got $500 and she only worked seven months now how is that fair

          1. Pam says:

            Part time didnt get more. If you worked during statutory time frame 2002-2006 u got around $500 automatically. The rest was time worked and if you worked in a store where there were time clock shaving, you got a portion of judgement, rest was a percentage paid for every shift worked. If ypu worked 100 shifts before statutory period 2001 and backward in time, and they chose to pay 30 cents per shift , you would get $30. If your neighbor worked 3 shifts in 2002 they got 90 cents plus the statutory interest of around $500. Sucks but thats the law. Again, i got little for my time in and drama while i was there, but i didnt report anything or go to a lawyer. I aldo didnt put in 10 years fighting, i struggle to pay bills too. And i waited for my check i didnt fight for like everyone else. And im grateful for $40 for gas or food. So many people complaining noone is satisfied. Split evenly, divided by shifts…yet noone worked for it. Everyone dealt with a terrible employer. Some got checks they didnt expect. The judges split it as fair as they could. By all means, hire a lawyer and try yourselves. Ill take my gas and stocking stuffers. Im struggling too and just thankful and well aware i dont deserve ad much as someone who worked there 15 years and those not in statutory period should be thankful they were given am award at all.

        2. Keith sherbaugh says:

          Worked there in 2004 for a short time. Checked my mail yesterday and there was a check for $471. I didn’t even know this was going on. I almost passed out lol

          1. Kristin says:

            I got 1,252.97. I like you was oblivious. I saw Walmart lawsuit on an envelope and thought I was getting sued. I couldn’t believe it. I even emailed the attorneys to say thank you!!! I certainly wasn’t expecting a check.

          2. Shanna says:

            I only worked there bout a month or 2 I got 540 my roommate who worked there for years got back 3100 definitely a blessing

          3. Kevin says:

            I got my check this past weekend for $800. Thought it would be more since I worked there for 2 years and was a Dept manager. But I’ll take $800 lol!

          4. Doug says:

            Is anyone having issues cashing their check? I can’t cash mine

          5. Terri Lynn Brown says:

            I worked at WALMART from 2000-2007. I remember getting something in the mail but I did not opt out. I know other people from my former store started to receive checks but I didn’t get mine yet. How long does it take? Thanks.

      2. jane says:

        I received my check in the mail today. Pretty hefty amount. Good luck to those who are waiting and those who will file a new claim

        1. Jess says:

          I was just curious how long you worked there between those years, if you don’t mind sharing.

    3. Balza Steal says:

      I just got 4625.65 back. I think there is something wrong here?

      1. Phoebe Elam says:

        Hey how lng were you working there and were you full time

      2. Just Because says:

        Sounds about right ! Everyone’s amount is different! I’m assuming you worked there for a few years and full time?

      3. Penny Blizzard says:

        How long did u work for Walmart? That’s a nice early Christmas gift.

      4. Rachael says:

        Are you sure you got that much.

    4. Sharlet Nicholson says:

      I worked for Wal-Mart from 1998-2004 and got a letter stating I work recieve a settlement check but no check so far!

      1. Jeff Donaldson says:

        Me neither. I was there part time in 1998. A few friends that worked there in the same time frame got checks for $200 and up. I have a PO box, and apparently I do not count.

        1. ST says:

          You will have to fill out a change of address form because I believe there is something in the letter about “P.O. ” Boxes to receive your check

        2. Trista says:

          you have to Google pa walmart lawsuit, as i knew nothing about this and i googled it there is a second distribution that they put money back for, for ppl who had only p.o. box and social security numbers that could not be verified. their is a section for you to give home address or verify ss# to get your portion of lawsuit in second distribution.

          1. Kathy says:

            This is all so confusing when I google it, do you know what website you went to? I worked there for over 2 years and I haven’t received anything. My sister worked there for about 6 months and she received a check for almost $500. I did got to the class action website and update my address. I also emailed them but still have not hear anything.

    5. Nancy Benson says:

      I received a postcard in the mail few mons back telling me that I don’t have to do any if nothing cange. How do i know if I will be getting a check any when to expect it?

      1. Kristin says:

        Got mine the 15 th.

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