Walmart Enters Into Agreement, Will Pay Up To $10 Million To Settle Military Workers Rights Lawsuit
Retail giant Walmart has agreed to enter into a settlement agreement to officially end the class action lawsuit filed against them concerning unpaid wages for military leaves.
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A Massachusetts magistrate has granted her final approval on the Walmart Military Leave Class Action Settlement Agreement for $10 Million.
Nickolas Tsui v. Walmart Inc.
Court Hands Over Final Approval Of Settlement Agreement In Walmart Military Leave Class Action
Judge M. Page Kelley has given her final seal of approval to the $10 million settlement agreement between shopping and retail behemoth Walmart, Inc. and the complainant Nickolas Tsui who sued the former for allegedly not paying wages to its employees while they take their military leave.
Judge Kelley has introduced different changes to the settlement agreement presented to her in court before handing over her blessing for the final leg of the settlement proceedings to push through. The key changes introduced are listed below.
- Originally filed for $14 million, the latest settlement amount approved by the court was reduced to $10 million after the numbers were computed, such as the number of military reservists in the class action and how many military leaves they took during their work at Walmart;
- The payment for the attorney of the plaintiffs was decreased to $3.6 million from $4.7 million before the final approval;
- Claimants who took each year of military leave can receive a settlement payment of around $1200 each; and
- As part of the settlement agreement, Walmart management has promised to implement sweeping changes in their company’s military leave program covering its workers.
Nickolas Tsui v. Walmart Inc. Military Leave Class Action
The settlement deal stemmed from a class action litigation brought up against Walmart for allegedly violating the USERRA or Uniformed Services Employment and Reemployment Rights Act.
It was alleged that Walmart did not correctly pay its workers’ salaries whenever they went on leave from work to perform military duties as reservists.
USERRA or Uniformed Services Employment and Reemployment Rights Act is a federal law passed by the United States Congress almost three decades ago to protect the worker rights of all military personnel of active and reserved statuses engaged in civilian employment whenever they are called to render their duty.
The court hearing the case has not rendered its decision in the matter yet and has not sided with any of the concerned parties when the settlement agreement terms were accepted by Walmart. The lowest amount Walmart would be ordered to hand over is at $10 million, while the maximum amount is fixed at $14 million.
Who Can Make A Claim?
How to know if you can join in the Walmart Military Leave Class Action Lawsuit Settlement? You can have a look at the following requirements listed below:
- You are a former or current Walmart employee who has taken a short-term military leave lasting for a month or less;
- You have rendered military service between 10th October 2004 to 31st December 2020 while you have filed for military leave with Walmart;
- You were not paid by Walmart for the days you were off work while doing military service.
It was reported that Walmart has already identified and notified those who are eligible to join and receive a payment in the class action settlement. However, if you believe that you are qualified for compensation and have not received any notifications from Walmart, you can apply for a claim yourself at the settlement’s official site.
For those who are going to manually apply for compensation, they would need to provide the necessary documentation to prove that they rendered services to the military during the above-mentioned period between 2004 and 2020. They may range from official attendance records, military pay statements, DD-214, and the like.
Walmart is a company founded in Arkansas more than five decades ago. As of writing, the company currently has more than 10,000 locations spread across the United States and other countries abroad. Walmart operates and owns Sam’s Club retail stores and warehouses nationwide. The company has made more than $500 billion in revenue so far this year.
Editor’s Note on Nickolas T. Walmart Settlement 2021 -Walmart Military Leave Class Action To Settle For $10 Million:
This feature discusses the settlement agreement between Walmart and its employee Nickolas T. with regards to the Walmart Military Leave Class Action Lawsuit filed against the retail store company.
Case Name(s) & No.(s): Nickolas T. Walmart Settlement
Products/Services Involved: Uniformed Services Employment and Reemployment Rights Act
Allegation(s): Walmart management has violated USERRA law.
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