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Walmart Military Leave Short Pay Class Action Settlement Overview:
- Who: Walmart is settling with employees who took leave for military service.
- Why: The employees or former employees had alleged that Walmart did not properly pay them while they were on military duty.
- Where: Nationwide
Walmart will pay $10 million to end a class action lawsuit by employees who say the retailer unlawfully failed to pay for short term military leave requests.
In an order filed Oct. 15, US Magistrate Judge M. Page Kelley signed off on a settlement that will cover a class of more than 7,500 members, including current and former Walmart employees, who took 30 days or less of military leave but weren’t paid their normal wages, between 2004 and the settlement date.
The Walmart military leave class action settlement was originally for $14 million, however the final amount was calculated based on the number of military reservists who came forward and how much military leave they took while they worked for Walmart, the agreement said.
The judge also trimmed the amount the lawyers for the plaintiffs would be getting, from $4.7 million to $3.6 million.
“The court credits the hard work and good results achieved by counsel but finds their suggested multiplier to be excessive here, where the case did not proceed through motion practice or trial,” the motion states.
Walmart Military Leave Class Action Settlement
The deal came out of a January settlement reportedly filed the same day as the case, in which Walmart agreed to pay up to $14 million to end claims it improperly denied paid military leave to service member employees.
In the military leave class action lawsuit, the lead plaintiff claimed Walmart refused to compensate employees who were also service members for time they needed away from work to fulfill their military obligations. The plaintiff alleged the retailer was in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Shortly after filing the class action lawsuit, the Walmart employees and retailer filed a joint notice that they were settling the matter.
The settlement notes the plaintiff filed the class action lawsuit “on behalf of thousands of military reservists who took short-term leave from their employment with Walmart between 2004 and 2020.”
Additionally, it notes the class action lawsuit argued short-term military leave of 30 days or less was similar to bereavement leave or time employees took off for jury duty and that both of these types of leaves were paid by Walmart.
For each year of leave, a Class Member will receive approximately $1,200. Each Class Member will be entitled to a part of the net settlement amount, based on the amount of short-term military leave taken by the individual Class Member making a claim.
In addition, Walmart has agreed to modify its military leave compensation policies, court documents say.
Are you a current or former Walmart employee who is also a service member? Did Walmart deny your paid military leave? Tell us your story in the comment section below.
The plaintiff is represented by Nathaniel Sliver and R. Joseph Barton of Block & Leviton LLP; Michael J. Scimone of Outten & Golden LLP; Peter Romer-Friedman of Gupta Wessler PLLC; Thomas G. Jarrard of Law Office of Thomas Jarrard PLLC; and Matthew Z. Crotty of Crotty & Son Law Firm PLLC.
The Walmart Military Leave Class Action Lawsuit Settlement is Nickolas T., et al. v. Walmart Inc., Case No. 1:20-cv-12309, in the U.S. District Court for the District of Massachusetts, Eastern Division.
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35 thoughts on$10M Walmart Military Leave Short Pay Class Action Settlement Gets Final Approval
It’s now April of 2022 and Walmart still has not held up their end. Again, corporations trying all they can from paying for their misdeeds
Yep! Seems like nothing will ever come from this lawsuit. Its been what, 5 months from the decision? Hopefully Nickolas got paid something, I am sure he spent a decent amount of time and money on this effort.
Contact these people and find out.
Walmart USERRA Settlement
RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-947
Toll-Free: (866) 742-4955
Email: info@rg2claims.com
May and still nothing
June and nothing
July and nothing
August and nothing.
add me
Has anybody even heard from them since it started. Or gotten their checks
It’s been 90 days, has anyone received any new information on this settlement?
When will we be paid for this? Does anybody have any status on it ?
Found this article that stated this.. The Court granted the Motion for Final Approval on October 15, 2021. Unless someone files an appeal, the settlement agreement will become final and non-appealable on November 15, 2021. After the settlement becomes final and non-appealable, Class Counsel and the Settlement Administrator will work to distribute the settlement proceeds to members of the Class. This process will take at least 90 days after November 15, 2021 but it could take longer.
Add me
I still haven’t been paid for this yet so whats going on if this was settled 2 months ago?
Me neither .. was just looking to see if there been any updates
Do anybody no payout
Do anybody no when settlement payout
I would like to know that too?
Yes, I worked for the company Sams Club and Walmart from 2013-current as a reserve member in Air Force. I have had so many different instances where I was unable to get the proper care needed. During 2013-2015 while employed by sams club I was not allowed to use “military leave”. I was only able to use PTO or not be paid at all when I was partaking in my military duties. There were many times I didn’t see a paycheck for almost 3 pay periods. While working at Walmart I was never able to take time it was literally like pulling teeth to get the time needed. I got to the point where I would save pto and use that to ensure I had money for bills. Even once while stateside deployed, upon my return to work I was told I no longer had a job and the leave the store. It was quickly righted in a subpar way by allowing me to come back to work but the fear of being jobless had already became a reality. It was a pain! I can only imagine the amounts of people that have this same story.