Walmart Workers’ $35 Million Wage Statement Deal Wins Final Nod

Walmart’s $35 million deal to end a class action over its alleged failure to provide workers with accurate wage statements received the US District Court for the Central District of California’s final approval.

Judge André Birotte Jr. additionally approved class counsel’s request for $11.6 million in attorney’s fees and $158,765.80 in costs.

The settlement class comprises all Walmart associates who worked in a non-exempt position at a retail location in California during the period of one year prior to the filing of the lawsuit in October 2017 through the court’s preliminary approval of the deal on June 30, 2020.

Class representative James S. Evans will receive $20,000 for his efforts on behalf of the absent class members, the Dec. 6 order said.

The $35 million amounts to “approximately 25% of the total potential recovery of the wage statement claim” after discounts for potential litigation risks, the court said when conditionally approving the deal.

The average estimated per-member settlement share is estimated to be $83.61 before taxes.

Of the fund, $500,000 will be allocated for civil penalties under California’s Private Attorneys General Act, with 75% going to the Labor and Workforce Development Agency and the remaining 25% allocated as part of the class members’ distribution.

The settlement releases all claims under California Labor Code §226, but only insofar as the claims “reasonably arise out of the same set of operative facts plead in the Complaint or First Amended Complaint.”

An earlier iteration of the deal included a broader release of all potential claims under Section 226, but Birotte rejected it.

Because the only certified class claim was the alleged failure to offer employees paper pay stubs, a full release for any potential claims under the provision, which includes several wage statement rules, was overly broad, Birotte said.

Setareh Law Group and Marlin & Saltzman LLP represented the class.

Walmart is represented by Greenberg Traurig LLP.

The case is Evans v. Wal-Mart Stores Inc., C.D. Cal., No 2:17-cv-07641, 12/6/22.