Active: OpenCase Summary:
Walmart is settling a class action alleging it did not provide employees with the benefits due them under the Uniformed Services Employment & Reemployment Rights Act (USERRA). The complaint alleged that when employees took Short-Term Military Leave, such as to perform their reservist duties, Walmart did not give them fully-paid leave, even though it gave fully-paid leave to those who took short-term leave for other reasons, such as jury duty.Docket Number:
20 Civ. 12309
Filing Deadline: September 16, 2021
Class Period: October 10, 2004 to December 31, 2020
Objection Deadline: September 16, 2021
Exclusion Deadline: September 16, 2021
Final Approval Hearing: October 14, 2021Proof of Purchase:
You must provide proof of your leave for short-term military service. The claim form requests a DD-214, military pay statements, drill schedules, rosters, attendance records, or other records from the federal government that shows the years of your military service. If you need time to obtain those records, submit your claim form first and submit your documentation later.Eligibility:
You may be eligible if (1) you are a current or former employee of Walmart in the US and its territories, between October 10, 2004 and December 31, 2020, and (2) you took short-term military leave of thirty days or less in one or more years between the above two dates, and (3) during that period, did not receive the regular wages or salary you would have earned if you had continued to work your normal schedule.
If you received a notice in the mail, Walmart has identified you as a possible class member. Even if you did not receive a notice, you may still be a class member if you took short-term military leave from your work at Walmart during the class period.Typical Settlement Amount:
Equal share of the net settlement fund for each year of short-term military leave taken. For example, if the claims show a total of 10,000 years of military service, and you had two such years, you will receive 2/10,000 of the net settlement fund. Each year is estimted to have a baseline value of around $775, once attorneys’ fees and expenses, court costs, settlement administration costs, and so on are subtracted from the settlement fund. However, that amount could be higher or lower, depending on the number of years of service claimed.
Total Settlement Amount: At least $10 million; at most $14 millionClass Representative Proposed Incentive Fee:
Block & Leviton LLP
Gupta Wessler PLLC
Outten and Golden LLP
Case Name: Nickolas Tsui v. Walmart Inc.
Settlement Website: Walmart Employees USERRA Benefits Settlement Website
RG/2 Claims Administration
Walmart USERRA Settlement
RG/2 Claims Administration LL
P.O. Box 5947
Philadelphia, PA 19102-947