$65M Walmart Cashiers’ Seating Class Action Settlement Reached

A $65 million settlement has been proposed to resolve a class action lawsuit alleging that Walmart fails to provide their cashiers with adequate seating.

Should the settlement be approved by U.S. District Judge Edward Davila, it may be the largest ever settlement reached under California’s Private Attorneys General Act, a state law which encourages workers to challenge violations of California labor law on the state’s behalf.

Of the $65 million settlement, more than 99,000 cashiers who have worked for Walmart since 2008 will split around $10.7 million.

Class Members will receive an estimated $4 per pay period that they worked as cashiers for Walmart. Employees who worked the whole class period will receive around $1,000 in compensation. These numbers are subject to change, however, and may increase if fewer Class Members participate in the settlement.

The $10.7 million amount will benefit the Class Members after the California Labor and Workforce Development Agency and plaintiff counsel receive their portion of the settlement.

Plaintiff counsel reportedly plans to ask for one third of the settlement fund as court costs and attorneys’ fees.

Named plaintiffs Kathy Williamson and Nisha Brown may receive an award for their participation in the Walmart class action. The California Labor and Workforce Development Agency will receive 75 percent of the remaining settlement fund under the state’s Private Attorneys General Act.

Although the company admits no wrongdoing in the settlement, Walmart spokesman Randy Hargrove recently told Law360 that “both sides are pleased to have reached a proposed resolution, and we look forward to the court granting preliminary approval to the settlement.”

Attorneys for Walmart declined to comment on the proposed settlement, citing language in the settlement agreement which restricts press statements.

Williamson and Brown filed their class action lawsuit against Walmart in June 2009, alleging that the company failed to provide their cashier workers with “suitable seats when the nature of the work reasonably permits.”

Since the Walmart class action was filed more than nine years ago, the issue has been “hotly contested and vigorously litigated,” the settlement motion says.

Plaintiffs conquered Walmart’s motion for judgement in 2012, after which they secured a Class certification for all California Walmart cashiers who had worked for the company since June 2008.

Walmart appealed this decision to no avail. Judge Davila later denied both plaintiff and defendant motions for summary judgement and prepared for a trial which would have started this month.

“While plaintiffs were very confident in their evidence, a verdict in plaintiffs favor at trial was certainly not preordained,” the settlement motion states.

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 Jones and Kelly McInerney of Jones Law Firm, and Matthew Righetti of Righetti Glugoski PC.

The Walmart Cashier Seating Class Action Lawsuit is Brown, et al. v. Wal­-Mart Stores Inc., et al., Case No. 5:09­cv­03339, in the U.S. District Court for the Northern District of California.

UPDATE: On Dec. 6, 2018, following revisions to the original proposal, a $65 million Walmart cashier seating class action settlement has received preliminary approval.

UPDATE 2: February 2019, the California Walmart cashier seating class action settlement is now open. Click here to file a claim.