Walmart class action lawsuit overview:
- Who: Two former Walmart employees filed a class action lawsuit against Walmart Inc.
- Why: The plaintiffs claim Walmart requires hourly workers to perform work off the clock and fails to pay them for all hours worked, including overtime.
- Where: The Walmart class action lawsuit was filed in Colorado federal court.
Walmart is facing a new wage theft lawsuit accusing the company of routinely requiring hourly employees to work off the clock without pay. The class action lawsuit, filed on Oct. 22, seeks to represent workers nationwide under federal law and Colorado workers under state law.
The former Walmart employees claim managers and security personnel made employees wait outside the store until a large enough group had gathered before unlocking the doors.
Workers were also allegedly told to clock out and wait for a manager to let them out and to keep working on their way out the door after clocking out.
The plaintiffs further allege employees were effectively on call during their unpaid meal breaks and had to answer team messages on their phones, with interruptions often lasting around 10 minutes or more.
“Plaintiffs, collective and class members would even be required to interrupt their lunch break and work off the clock by unloading the trucks that came in while they were on lunch,” the Walmart class action lawsuit says.
Wage theft claims include unpaid meetings, lunch bag checks
The former employees claim workers were not allowed to clock in early for mandatory team meetings held before their shifts and were already clocked out when attending meetings at the end of their shifts. The meetings often lasted 15 to 60 minutes. Because that time was left out of weekly totals, the plaintiffs argue Walmart did not pay overtime at 1.5 times their regular rate when they worked more than 40 hours a week.
The plaintiffs further allege Walmart checked workers’ lunch bags during unpaid meal periods to make sure they were not stealing products. They claim rest breaks were often interrupted, delayed or missed entirely because their departments were too busy.
The wage theft lawsuit claims Walmart willfully violated the federal Fair Labor Standards Act and Colorado wage laws governing overtime, minimum wage and final paychecks as well as meal and rest breaks.
The plaintiffs demand a jury trial and request declaratory and injunctive relief, unpaid wages and overtime, liquidated damages and interest, plus attorneys’ fees and costs.
Currently, Walmart is facing a separate class action lawsuit claiming its Great Value shrimp products contain less shrimp than stated on the packaging, leaving customers to pay for ice instead of seafood.
Have you ever worked off the clock at Walmart? Let us know in the comments.
The plaintiffs are represented by Carolyn H. Cottrell, Ori Edelstein, Molly A. DeSario and Veronica Chavez of Schneider Wallace Cottrell Kim LLP and Arby Aiwazian of Lawyers for Justice P.C.
The Walmart class action lawsuit is Case No. 1:26-cv-05434, in the U.S. District Court for the District of Colorado.
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