Walmart wage statements $35M class action settlement

Walmart agreed to a settlement of $35 million to resolve class action lawsuit claims it failed to provide accurate wage statements to employees.

The settlement benefits individuals who worked as an hourly associate at a Walmart store in California between Sept. 13, 2016, and July 26, 2021.

Walmart is an Arkansas-based retailer with locations around the country. The company employs hourly workers as cashiers, department employees and more.

According to a class action lawsuit, Walmart violates California wage-and-hour law by failing to provide accurate wage statements to hourly employees. Specifically, Walmart allegedly fails to provide paper wage statements to workers. The plaintiff in the case argues that failing to provide a paper wage statement is “tantamount to not providing any wage statement at all.”

The Walmart class action lawsuit contends the lack of paper wage statements violated California labor law. 

Under California law, employers are required to provide an accurate itemized statement “in writing” showing gross wages, total hours worked, deductions, net wages, pay period dates and other information. Wage statements are to be a detachable part of a check or a separate document.

In addition to violating California labor law, the plaintiffs in the wage-and-hour class action lawsuit claims the non-compliant wage statements and other policies violate the California Unfair Competition Law which prohibits unfair business practices. The Walmart class action lawsuit also includes claims under California’s Private Attorneys General Act (PAGA) which allows workers to bring claims on behalf of the state’s labor regulator. 

Walmart hasn’t admitted any wrongdoing but agreed to pay $35 million as part of a settlement to resolve these wage-and-hour allegations. This includes a $500,000 PAGA payment, $375,000 of which will be allocated to the California Labor & Workforce Development Agency as penalties. The remaining PAGA penalties will be used to fund Class Member payments.

After the deductions of PAGA penalties, expenses and plaintiff awards, the net settlement fund is estimated to be $22.1 million. Class members will receive a proportional share of this net settlement fund based on the number of pay periods they worked during the class period. 

Exact payments will vary, but the average settlement payment is estimated to be $83.67.

Any funds that remain unclaimed after the distribution of settlement checks will be sent to the California State Controller’s Office under the California Unclaimed Property Law.

The deadline for exclusion and objection is Oct. 13, 2022. 

The final approval hearing for the Walmart settlement is scheduled for Dec. 2, 2022.

No claim form is required to benefit from the Walmart settlement. Class members who do not exclude themselves will automatically receive their share of the settlement fund.

Who’s Eligible

Individuals who worked as an hourly associate at a Walmart store in California between 09/13/2016 – 07/26/2021

Potential Award

$83.67

Proof of Purchase

Proof of purchase not applicable

Exclusion and Objection Deadline

10/13/2022

Case Name

James S. Evans v. Wal-Mart Stores, Inc., et al., Case No. 2:17-CV-07641-AB-KK, in District Court for the Central District of California

Final Hearing

12/02/2022

Settlement Website

EvansWalmartWageAndHour.com

Claims Administrator

Evans v. Wal-Mart Stores, Inc.
c/o Phoenix Settlement Administrators
P. O. Box 7208
Orange, CA 92863
notice@evanswalmartwageandhour.com
888-510-9728

Class Counsel

Shaun Setareh
William M Pao
SETAREH LAW GROUP

Stanley D Saltzman
MARLIN & SALTZMAN LLP

Defense Counsel

Timothy J Long
Robert J Herrington
Ryan C Bykerk
GREENBERG TRAURIG LLP

Naomi G Beer
GREENBERG TRAURIG LLP