Suit Against Walmart’s Bi-Weekly Paydays Hinges on New Evidence

A class action in federal court under New York law over Walmart’s bi-weekly pay schedule survived the company’s motion to dismiss, and the court allowed the plaintiff to address new evidence presented in Walmart’s reply brief.

A state law requires manual workers to be paid every week. Brigette Mabe acknowledged she was paid all she was owed, but argued that she and others in the class were entitled to damages under the state’s labor law scheme because they were paid bi-weekly.

Walmart argued that the statutory scheme didn’t create a private cause of action Mabe could enforce.

Precedent from the ...