Walmart pre-shift COVID-19 settlement overview:
- Who: An Arizona federal judge gave final approval to a Walmart settlement that resolves allegations the retailer failed to compensate employees for the time spent waiting for COVID-19 screenings prior to their shift.
- Why: The judge determined the proposed recovery for class members was “substantial.”
- Where: The Walmart employees class action lawsuit was filed in Arizona federal court.
An Arizona federal judge recently approved a “substantial” $2.5 million Walmart employee class action settlement that will resolve claims the retail giant failed to compensate certain hourly employees for the time they spent undergoing mandatory pre-shift COVID-19 screening, HRDrive reports.
Plaintiffs Kathy Arrison and Tristan Smith say Walmart implemented a new policy in the spring of 2020 requiring employees to arrive before their scheduled shift to complete a COVID-19 questionnaire, screening and body temperature scan.
They alleged each pre-shift COVID-19 screening took about 10 to 15 minutes. Even though these screenings were required, they claim they were not paid for their time spent waiting for and undergoing the screening in violation of Arizona wage law.
The plaintiffs argued employees took the extra time to comply with the pre-shift COVID-19 policy to protect customers and ensure Walmart could operate during the pandemic.
“But Walmart does not pay these employees for the time that the company requires of them,” the Walmart employee class action lawsuit said. “As a result, Walmart is unjustly enriched at the expense of its workers.”
Judge gives final OK to Walmart employees class action settlement
Under the terms of the Walmart pre-shift COVID-19 settlement, class members are entitled to a payment of approximately 50% of their potential claim, based on the length of time they worked at an Arizona Walmart location between April 10, 2020, and Feb. 28, 2022.
More than 81,000 notices have been sent to eligible class members, according to the settlement documents.
In approving the Walmart employees class action settlement, the judge agreed with class counsel that the proposed recovery was “substantial … particularly considering the percentage recovery of similar cases within this circuit.”
The final approval order clears the way for eligible class members to start receiving payments. The judge reportedly overruled one objection to the proposed settlement, finding it “does not rest on any substantive grounds.”
A similar Walmart employee class action lawsuit was filed in California.
What do you think about the Walmart pre-shift COVID-19 settlement? Tell us your thoughts in the comments.
Class members are represented by Todd C. Werts, Bradford B. Lear and Anthony J. Meyer of Lear Werts LLP.
The Walmart employee class action lawsuit is Kathy Arrison, et al. v. Walmart Inc., et al., Case No. 2:21-cv-00481-CDB, in the U.S. District Court for the District of Arizona, Phoenix Division.
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2 thoughts onWalmart employees win ‘substantial’ settlement over pre-shift COVID-19 screenings
I live in maryland and had to go through this as well.
Please include me. I worked during the pandemic.