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Massive Walmart California Labor Law Class Action Lawsuit Certified


San Francisco, CA: An wage and hour class action lawsuit filed against Walmart by workers who allege they were underpaid when they missed lunch breaks and were not provided with proper information on their pay stubs, has received certification. In fact, three classes of plaintiffs in the employment lawsuit have been certified.

The three classes range in size from about 52,000 to 76,000 workers. Plaintiffs in the first class, led by Roderick Magadia, allege they were not paid adequately for missing lunch breaks from December 2012 to the present. According to the complaint, California labor law states that if a worker is forced to miss their legally required lunch break, they should be paid back at a rate higher than the base rate.

The second class alleges California pay stub violations, specifically that their pay stubs included a lump sum only for their overtime payments, rather than an itemized breakdown of how the wage was calculated, as stipulated by California law. The class period is from December 2015 through the present.

The third class consists of former workers whose employment ended between December 2015 and the present. They allege their final pay stubs were not itemized, in violation of California law.

While Walmart argued vigorously against certification of all three classes, and claimed that some of the class members may be eligible for more than $50,000 in damages, the judge rejected the big box retailer’s argument, stating that “The individual damages in this wage and hour case, even if they ‘could be in the multiple thousands of dollars’ for some class members, as Wal-Mart asserts, are substantially lower and therefore weigh in favor of finding that a class action is superior to other methods of adjudicating the claims in the instant case.”

The case is Magadia v. Wal-Mart Associates Inc. et al, case number 17-cv-00062, in the U.S. District Court for the Northern District of California.

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Published on Jan-17-18

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