Walmart USERRA Military Paid Leave Litigation

Tsui v. Walmart, Inc., Case No. 20-12309-DPW (D. Mass.)

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Summary of the Lawsuit 

This lawsuit alleges that Defendant Walmart Inc. violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by failing to provide paid leave to employees who took short-term military leave despite providing paid leave for other types of comparable short-term military leave.

 Summary of the Claims 

The Complaint alleges that since 2004 Walmart has maintained a policy and practice of failing to provide paid leave to employees who take military leave while employees who are absent for a short time period for a non-military reasons, such as jury duty or bereavement, are provided paid leave and are paid their normal wages during that time. The Complaint alleges that paid leave is provided indefinitely for employees on jury duty leave and for up to three days for bereavement leave. These practices have been ongoing since at least October 10, 2004.

The Complaint alleges that from 2004 to 2008, Walmart did not provide any pay to employees who took 4 days or more of military leave; from 2008 through June2017, Walmart provided differential pay to employees who took limited types of military leave lasting 4 days or more; and, from June 2017 to present, Walmart provided differential pay to employees who took most types of military leave lasting 4 days or more. However, since 2004, Walmart has provided full pay to employees who took jury duty leave without offsetting the pay the employees received from the government for the jury duty service.

 Class Action Allegations

 This lawsuit is brought on behalf of the following class:

 All current and former employees who work or worked for Walmart at a location in a jurisdiction covered by USERRA (i.e., the United States and its territories) from October 10, 2004 to the present; (B) who took Short-Term Military Leave (i.e., 30 days or less) in one or more years during their employment with Walmart from October 10, 2004 to the present, (C) and during such period of Short-Term Military Leave did not receive the regular wages or salary that they would have earned had they continued to work their ordinary work schedules. Excluded from the class are the Judge assigned to the case and any of his or her relatives.

 Status of the Litigation

The Complaint was filed on December 31, 2020.

Settlement

Plaintiff reached a settlement on behalf of the Class to settle the claims in this litigation and filed the Motion for Class Certification and Preliminary Approval of the Settlement on January 15, 2021. The Settlement provides monetary relief to Class Members who were allegedly denied pay for periods of short-term military leave from October 10, 2004 to December 31, 2020. Walmart agreed to pay a Class Settlement Amount between $10-14 million, depending on class members’ participation in the Settlement. Based on the class member response rate to the settlement, Walmart will pay $10 million (including fees), which after subtracting the court-approved fees and expenses will be distributed to the Class.  In addition, Walmart has agreed to revise its military leave policy to provide eligible employees with fully paid military leave for 30 days each year. Walmart has also agreed to revise its policy to provide differential pay (meaning the difference between the associate’s Walmart pay and the pay provided by the military if the Walmart pay is higher) for military assignments longer than 30 days, subject to a durational limit for each continuous military assignment.

The Court granted the Motion for Class Certification and Preliminary Approval on April 30, 2021.

Plaintiff filed the Motion for Final Approval on October 4, 2021. A final fairness hearing was held on October 14, 2021.

The Court granted the Motion for Final Approval on October 15, 2021. Unless someone files an appeal, the settlement agreement will become final and non-appealable on November 15, 2021. After the settlement becomes final and non-appealable, Class Counsel and the Settlement Administrator will work to distribute the settlement proceeds to members of the Class. This process will take at least 90 days after November 15, 2021 but it could take longer. This website will be updated. Your patience is appreciated.

For additional information about the settlement, please see www.walmartuserrasettlement.com

 Whom to Contact for More Information

If you are a member of the proposed class and have questions about the settlement or when you will received your payment, contact the Settlement Administrator:

Walmart USERRA Settlement
RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-947
Toll-Free: (866) 742-4955
Email: info@rg2claims.com

If you have questions about the allegations in the lawsuit, please contact one of the following persons:

R. Joseph Barton, Esq. (jbarton@blockleviton.com)
Ming Siegel, Paralegal (ming@blockleviton.com)
Block & Leviton LLP
1633 Connecticut Ave. NW, Suite 200
Washington, DC 20009
(202) 734-7046

Block & Leviton is co-counsel in this litigation with Outten & Golden LLP, Gupta Wessler PLLC, Law Office of Thomas Jarrard PLLC, and Crotty & Son Law Firm PLLC.

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