A class-action lawsuit against Walmart is moving forward in California after a federal judge expelled Walmart’s motion for dismissal.
The lawsuit, initially filed by Nickolas T., accuses Walmart of violating California labor laws by knowingly miscalculating employees’ sick pay.
Plaintiffs state that the retail corporation did not include employee bonuses when calculating sick pay; Walmart allegedly used employees’ base pay instead of their wage rate.
This shortchanged the employees because it decreased the amount of sick pay they were eligible for. The wronged workers assert that Walmart did not perform this calculation by mistake but willfully and intentionally.
Additionally, the lawsuit argues that the class members are owed waiting time penalties. Under the California Labor Code, employers must pay employees all owed wages at the time of employment termination.
Employees are entitled to waiting time compensation if they do not receive this money in ample time. Since they did not receive their full proper sick pay when they left Walmart, the plaintiffs state that this labor code provision applies to them.
The plaintiffs believe the lawsuit is eligible for up to a $7.6 million payout from Walmart.
The class asks other California Walmart employees who have left the retailer since 2017 to join the case; an estimated 6,000 prior employees are eligible to join the class-action lawsuit.
A statement from Walmart declares that the company believes it fairly calculates sick pay under California labor law. The retailer has not admitted any fault.
Nickolas T. said this is not the first time Walmart has wronged him. He is also looking to represent military servicemen and women who did not receive pay during short military leaves.
According to the Uniformed Services Employment and Reemployment Rights Act, Walmart is required to offer employees paid military leave.
The sick pay lawsuit is currently in the U.S. District Court for the Southern District of California. Although United State District Judge Roger Benitez sided with the Class in allowing the lawsuit to move forward, he said that the employees will still need to prove their case in court.
California Class Action Lawsuit Attorneys
When a group of employees shares a common complaint against their employer, they can pursue a class-action lawsuit.
In California, Class-action lawsuits hold employers accountable for wrongful actions against their workforce, protecting future employees from harm and compensating past or current employees.
At the Workplace Rights Law Group, our class-action lawsuit attorneys passionately advocate for California workers.
With nearly 75 years of combined experience in employment law and millions of dollars recovered for our clients, we know how to take on retail conglomerates like Walmart.
If you suspect your rights as an employee were violated, our lawyers are here to help you. Give us a call at (818) 844-5200 for a free case review.
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Theo Khachaturian
Theo is a trial & appellate lawyer whose practice has emphasized wage-and-hour class actions, business disputes, wrongful termination, discrimination, harassment, and intellectual property theft. He has tried civil cases and argued before various California Courts of Appeal.