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Walmart uniforms class action lawsuit overview:
- Who: Richard Gibbs filed a class action lawsuit against Wal-Mart Associates Inc.
- Why: Gibbs claims Wal-Mart failed to provide its hourly-paid deli section workers in New York with weekly uniform maintenance pay.
- Where: The class action lawsuit was filed in the Supreme Court of the State of New York.
Walmart failed to provide weekly uniform maintenance pay or uniform laundry services to hourly-paid deli section workers in New York who were required to wear uniforms, a new class action lawsuit alleges.
Plaintiff Richard Gibbs claims that a “wash and wear exception” to providing weekly uniform maintenance pay does not apply to Walmart.
Gibbs argues Walmart’s policies and practices with respect to uniforms “fail to provide employees with a sufficient number for the number of shift worked each week” that would allow it not to provide uniform maintenance pay.
“Wal-Mart’s policies failed to provide shirts to Plaintiff and the proposed class in sufficient numbers, nor did they keep the required shirts at work and offer to clean the shirts for their employees or pay uniform maintenance costs,” the Walmart class action states.
Gibbs wants to represent a New York class of non-exempt and hourly-paid Walmart deli section workers who worked for the company within the past six years to the filing of the class action lawsuit.
Walmart failed to provide uniform laundry services for New York deli section workers, says class action
Not only did Walmart allegedly fail to provide uniform maintenance pay to its hourly-paid deli section workers, it also did not provide laundry services and “reprimanded” workers if they failed to do so themselves, the Walmart class action alleges.
“Defendant did not launder Plaintiff’s and the proposed class’s required uniforms, did not offer to launder the uniforms, and instead reprimanded them for not bearing the cost and time of cleaning and maintaining the required uniforms,” the Walmart class action states.
Gibbs claims Wal-Mart is in violation of New York State Labor Law, the New York Code of Rules and Regulations, and New York State Human Rights Law.
Plaintiff is demanding a jury trial and requesting an award of unpaid and underpaid wages along with compensatory damages for himself and all class members.
In October 2022, Walmart agreed to a class action settlement that resolved claims the company failed to incorporate bonuses into its workers’ sick-pay calculations.
Has your employer denied you uniform maintenance pay? Let us know in the comments!
The plaintiff is represented by Mohammed Gangat of the Law Office of Mohammed Gangat.
The Walmart uniforms class action lawsuit is Gibbs, et al. v. Wal-Mart Associates, Inc., Case No. 6:23-cv-00300, in the Supreme Court of the State of New York.
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2 thoughts onWalmart class action claims company did not provide clean uniforms to employees
Employed for 4 years Iam currently sales associate as of a month ago, formerly team lead for apparel. During orientation everyone is given only 1 shirt or 1 vest. As a team lead my responsibility is make sure thay my associates are in dress code and clean its policy. I havetold
multiple associates they need to wash their vest but in the mean time I try to get them another vest or shirt. Most of the time we don’t have any at all. Or they are locked up in personal office, if the personal associate not in the room or in that day nobody can get a shirt. I was talking to one of my girls in apparel department 2 days ago in passing she is pregnant so she had to get a larger vest she had the used one in her hand and said I had this for a year! I never noticed! I told her to grab another vest while we have them. I bought the $60 vest through Spark walmart merchant. I have 3 of them. I still wear the blue shirts and vest during summer and warm days bc the vest is to heavy.
Policy is you have to be in the walmart work vest or shirt or walmart logo. And you must have a clean and presentable. I never knew that we were supposed to get paid extra for wash of our uniforms.
They would give you what ever wad laying in office. Please add me