Walmart Military Leave Pay $14M Class Action Settlement

WALMART MILITARY LEAVE SETTLEMENT UPDATE:

• The Court granted final approval to this class action settlement Oct. 15, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Walmart has agreed to pay up to $14 million to resolve a class action lawsuit that alleged the company failed to appropriately pay employees who took short-term military leave.

The Class is made up of all current and former employees who work or worked for Walmart at a location in a jurisdiction covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA) — i.e., the United States and its territories — between Oct. 10, 2004, and Dec. 31, 2020, who took short-term military leave of 30 days or less in one or more years during their employment with Walmart during the Class Period and during such leave did not receive the regular wages or salary they would have earned had they continued to work their ordinary work schedules.

Walmart employee Nickolas T. had filed a class action lawsuit alleging Walmart violated USERRA by failing to provide fully paid leave for employees who took short-term military leave.

Walmart — the United States’ largest employer with 1.5 million employees as of 2019, according to the Chicago Sun-Times — denies all allegations of wrongdoing, and the Court has not ruled in favor of either party.

The Walmart military leave pay settlement includes a settlement amount of at least $10 million, with a cap of $14 million.

Each Class Member who submits a valid claim form will receive a proportionate share of the settlement fund based on the number of YMLs — short-term military leave taken during a calendar year in which a Class Member worked at Walmart — identified on their claim form, compared to the number of YMLs identified on all Class Members’ approved claim forms.

Individuals identified by Walmart as being Class Members were sent a notice of the Walmart military leave settlement. 

Those who did not receive a notice but believe they belong in the Class may still file a claim. However, they must provide supporting documentation, such as a DD-214, military pay statements, drill schedules, attendance records, or other records from the military or federal government that show the year or years the Class Member served in the military.

If additional time is needed in order to obtain such documentation, the claim form may be filed first, with the military records submitted separately.

A final approval hearing in the Walmart military leave pay settlement is scheduled for Oct. 14, 2021.

Anyone who would like to exclude themselves from or object to the settlement must do so by Sept. 16, 2021.

The deadline to file a claim is also Sept. 16, 2021.

Who’s Eligible

The Class is made up of all current and former employees who work or worked for Walmart at a location in a jurisdiction covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA) — i.e., the United States and its territories — between Oct. 10, 2004, and Dec. 31, 2020, who took short-term military leave of 30 days or less in one or more years during their employment with Walmart during the Class Period and during such leave did not receive the regular wages or salary they would have earned had they continued to work their ordinary work schedules.

Potential Award

Varies.

Each Class Member who submits a valid claim form will receive a proportionate share of the settlement fund based on the number of YMLs — short-term military leave taken during a calendar year in which a Class Member worked at Walmart — identified on their claim form, compared to the number of YMLs identified on all Class Members’ approved claim forms.

Proof of Purchase

No proof of purchase is necessary.

However, those who did not receive a notice but believe they belong in the Class may still file a claim. However, they must provide supporting documentation, such as a DD-214, military pay statements, drill schedules, attendance records, or other records from the military or federal government that show the year or years the Class Member served in the military.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

09/16/2021

Case Name

Nickolas T., et al. v. Walmart Inc., Case No. 20 Civ. 12309 in the U.S. District Court for the District of Massachusetts

Final Hearing

10/14/2021

Settlement Website

WalmartUSERRASettlement.com

Claims Administrator

Walmart USERRA Settlement
RG/2 Claims Administration LLC
P.O. Box 5947
Philadelphia, PA 19102-947
info@rg2claims.com
866-742-495

Class Counsel

Adam T. Klein
Michael Scimone
Nina Martinez
OUTTEN & GOLDEN LLP

R. Joseph Barton
BLOCK & LEVITON LLP

Peter Romer-Friedman
GUPTA WESSLER PLLC

Thomas G. Jarrard
LAW OFFICE OF THOMAS G. JARRARD PLLC

Matthew Z. Crotty, Esq.
CROTTY & SON LAW FIRM PLLC

Defense Counsel

GREENBERG TRAURIG LLP