Walmart class action over meal breaks, time reporting moves forward

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Update:

• A federal judge in California declined Walmart’s partial motion to dismiss part of a class action lawsuit accusing the company of forcing its employees to work through their legally required meal breaks. 
• Walmart employees also allege the company failed to provide correct compensation to associates who received “incentive pay” for working during meal periods. 
• The judge overseeing the class action lawsuit determined the Walmart employees had sufficiently supported their claims in their second amended complaint. 
• Walmart argued unsuccessfully that the lead plaintiff for the amended complaint did not show that their experience was representative of the putative class.
• A previous version of the class action lawsuit had been dismissed in June.

Walmart temperature check class action lawsuit overview:

• Who: Walmart employees sued the retailer, saying it failed to pay them for undergoing COVID-19 temperature checks before starting work. But a judge has tossed most of the claims.
• Why: The judge said the complaint was not specific enough about the employees’ experiences and how Walmart broke the law.
• Where: The case is being heard in a California federal court.

(Jan. 18, 2022)

Walmart employees who filed a lawsuit saying they weren’t paid by the retailer for mandatory temperature checks must go back to the drawing board after a California judge threw out most of their class action claims.

On Jan. 14, U.S. District Judge Nathanael M. Cousins filed an order partially granting Walmart’s motion to dismiss wage theft claims filed against it by Plaintiffs Salvador Guzman and James Marshall.

The plaintiffs, both Walmart employees, alleged that the retailer failed to pay its workers wages for time spent undergoing COVID-19 related temperature checks before work. 

They also claimed they weren’t paid their meal period premiums correctly and were not provided accurate wage statements, which is in violation of state and federal labor laws.

However, the judge sided with Walmart on most of the claims, agreeing that the plaintiffs had not given sufficient evidence to stand up their allegations.

“Walmart argues that Plaintiffs’ first three causes of action should be dismissed for failure to state a claim,” the judge wrote. “The Court agrees because the three causes of action generally allege labor code violations without offering any specifics about Plaintiffs’ experience.”

Plaintiffs did not identify dates of incorrect pay rates, judge said

The judge pointed to the allegations made by the plaintiffs that they were underpaid their meal period premiums.

“Plaintiffs do not identify a single date when either of them was paid a meal period premium at an incorrect rate,” the judge stated. The workers also claim they were not paid overtime correctly; however, the judge says no dates were noted by the plaintiffs. 

Judge Cousins tossed allegations under California’s Unfair Competition Law, finding the complaint fails to allege that Guzman and Marshall lack an adequate legal remedy.

He said Guzman and Marshall have until Feb. 14 to file an amended complaint.

In February last year, Walmart was hit with another class action lawsuit from employees who claimed the retail giant made them arrive at work at least 30 minutes early for COVID-19 screenings that they weren’t paid for.

Have you been asked to do COVID-19 screenings at work that you weren’t paid for? Let us know your experience in the comments. 

Guzman and Marshall are represented by Larry W. Lee and Mai Tulyathan of Diversity Law Group PC.

The Walmart Temperature Check Class Action Lawsuit is Salvador Guzman et al. v. Walmart Inc. et al., Case No. 5:21-cv-09133, in the U.S. District Court for the Northern District of California.

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