Revised $65M Walmart Cashier Seating Settlement Gets Approval

Following revisions to the original proposal, a $65 million Walmart cashier seating class action settlement has received preliminary approval.

The Walmart cashier seating settlement was approved by U.S. District Judge Edward J. Davila on Dec. 6.

The $65 million settlement will provide Walmart cashier seating and pay around $10.7 million to an estimated 99,000 Walmart cashiers who have worked for the company since 2008.

Under the settlement, class counsel will receive one third of the award at around $21.67 million. The California Labor and Workforce Development Agency will receive 75 percent of the net $42.8 million to resolve Private Attorneys General Act claims.

The original settlement was proposed in October 2018, but Judge Davila voiced his concerns about a provision in the settlement during an October hearing. The provision would have allowed Walmart to remove the newly implemented seats after only two years, which Judge Davila said would give Walmart “total authority” with no oversight.

The revisions to the newly approved settlement got rid of the removal provision, and instead gives Walmart the ability to remove the seats if they end up leading to “increased injuries or accidents” for seated cashiers, if they interfere with duties that require the Walmart cashiers to stand, or if they harm “the quality and effectiveness of the cashier’s overall job performance.”

The company will also be allowed to remove the seats if California abolishes its suitable seating law.

However, Walmart has agreed that if the seats are removed, they will inform the cashiers, class counsel, and the Labor and Workforce Development Agency before doing so.

If the Walmart cashier seating settlement receives approval at the March 18 final approval hearing, it will be the largest settlement under the Private Attorneys General Act (PAGA) in California history. The Act was passed in 2004 and allows employees to file lawsuits on the state’s behalf challenging violations of California labor laws.

The PAGA lawsuit was originally filed in 2009 by plaintiffs alleging that Walmart violated California labor statutes by failing to provide cashier seating to their employees.

In the nine years since its original filing, the Walmart cashier seating lawsuit has been highly contested. In August 2012, Judge Davila certified a Class of Walmart cashiers in California, but the company then appealed the decision to the Ninth Circuit. The Ninth Circuit later affirmed Judge Davila’s decision and clarified labor statues.

In January 2018, the Class filed for summary judgement and Walmart asked the court to decertify the Class. However, before Judge Davila could rule on the motion, both parties reached the Walmart cashier seating settlement.

According to Law 360, Walmart said in a statement that the company is pleased that the court granted the settlement preliminary approval and looks forward to final approval.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Plaintiffs are represented by Charles A. Jones of Jones Law Firm; and Matthew Righetti of Righetti Glugoski PC.

The Walmart Cashier Class Action Lawsuit is Brown, et al. v. Wal­-Mart Store Inc., Case No. 5:09­-cv­-03339, in the U.S. District Court for the Northern District of California.

UPDATE: February 2019, the California Walmart cashier seating class action settlement is now open. Click here to file a claim.