Top Class Actions  |  February 6, 2019

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

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

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
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

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38 thoughts onCalifornia Walmart Cashier Seating Class Action Settlement

  1. Larry Carson says:

    Add Me.

  2. Jessica says:

    Never recieved a check, didnt have to do anything got the small postcard in the mail fine. Waited until the settlement was done and its 2020 and still nothing. Didnt change address or move. Worked during that time they reauired. Its annoying

    1. Pawlo says:

      That stinks. I got mine even tho I worked from 2012 to 2019 was only $700. My co worker didn’t even get a card and she didn’t get anything either. Contact the legal counsel. They may have your money and don’t k iw where to send it even tho u never moved. Also check your states Unclaimed Property website by entering your name and City and see what pops up. If it says pending more than $100 that means your check was forwarded to the state and no u can claim it. Scroll down to see the info u need to do to claim your money. Once you filled out the info they ask for your check will be on to you. If your name is not in the Unclaimed Property listing call the attorney handling the case for Walmart and go from there. Hope this helps.

  3. Geanne Berry says:

    I have been waiting on A check they told me by July or Aug I changed my address and everything and still no check called today she said check were already issued and it was passed the expiration date and could not reissue a check this is not fair they are taking money from us that we are intitle to.

    1. Clarissa says:

      Same thing for me, they mailed my check to the wrong address. An address that I never lived at.

  4. Keeoshi Dorley says:

    It came in a email check you spam Walmart settlement

    1. Jessica Garcia says:

      Checks dont come in email nor can you cash it if you print it out . There are watermarks that the bank needs to verify authorization.

  5. Levette says:

    I filed in time I had my confirmation email that was sent to me I keep calling phoenix company and they keep giving me the runaround I spoke to Sandra on the phone and she told me basically I’m out of luck because all the funds have been sent out already so I’m not getting my check even though everybody in my store got their check ready when I email them they tell me that the funds haven’t been sent out yet so I have all this proof that they keep on lying and giving me the runaround I’m telling them that this is fraud that they’re committing even though I was entitled to it

  6. Delia Garcia says:

    I did respond bt no check and rep is rude and very unfriendly tells me i should made copies and should of kept in contact this all isnt right

  7. Cheryl says:

    I just heard about this, this week. Some of my coworkers received settlement checks. I never received ANYTHING in the mail regarding this…yet I was/am a cashier there during this time period. I would have gladly mailed back whatever was required…but I never received a single thing about it.

    1. Top Class Actions says:

      You should start by contacting the settlement administrator with your questions: https://www.californiaseatinglaw.com/contact-us/. Best of luck to you.

      1. Sarah Sullivan says:

        I call the number no answer i email no answer.

      2. Levette says:

        Thank you for your information but this is exactly who I’ve been contacting and they’re the ones who are giving me the runaround so any other options for me

  8. Judy Florentine says:

    Has anyone here finally gotten their check? Still no for me, they will reissue but it will take another two weeks. My co-workers have all gotten theirs. I NEED my money!

  9. Tara Ann C Baltazar says:

    Sent mine and I haven’t gotten anything yet. I worked at the front end from 9/2006 – 03/2012 . My friends from the same store got theirs last week. I’m still hoping I will still get my share.

  10. AMIE LEMOS says:

    Sent mine 02/10/2019..Haven’t heard anything.. N I have not received my check

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.