Walgreen Sick Pay and Pregnancy Discrimination California Class Action

This class action brings suit against Walgreen Co. with a combination of individual and class allegations. The individual claims have to do primarily with pregnancy, disability discrimination, and wrongful termination; the class claims concern primarily sick leave, sick pay, and the failure to provide accurate, itemized wage statements. The applicable laws are California’s Labor Code, Wage Orders from the California Industrial Welfare Commission (IWC), and the Fair Employment and Housing Act (FEHA).

The class for this action is all current and former nonexempt California employees who were paid sick pay in the same work week in which they earned nondiscretionary incentive wages, between May 20, 2016 and the present.

Plaintiff Joy Ann Julian began working as a nonexempt customer service associate for Walgreen on February 20, 2018. Her last day of work was November 28, 2019; on the following day, she began a pregnancy leave. She had given the company medical documentation stating she was to be off work from November 29, 2019 through February 14, 2020, to allow her to give birth, which included undergoing a caesarian section.

However, the complaint alleges Julian was “unlawfully terminated” on or around January 29, 2020, before her leave was even over. The complaint says, “Thus, [Walgreen] did not accommodate [Julian], nor engage in a good faith interactive process. To the contrary, [Walgreen] summarily terminated [Julian] in violation of the FEHA.”

According to the complaint, Julian filed administrative complaints with California’s Department of Fair Employment and Housing (DFEH) around November 13, 2020 and requested right-to-sue letters, which she received.

The complaint claims, “Labor Code § 233 provides that an employer must permit an employee to use accrued sick leave in accordance with Labor Code § 246.5 at the employee’s then current rate of entitlement.”

The sick pay for nonexempt employees must be calculated by one of two methods, the complaint says: (1) It must be calculated in the same way as the regular rate of pay for the workweek in which the employee uses the sick leave, or (2) it must be calculated “by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment.” This calculation should include additional, non-discretionary pay that the employee normally receives.

However, when Walgreen paid Julian and other class members sick pay, the complaint charges, “it was paid at the base rate of pay for [Julian] and Class members, as opposed to the correct, higher rate of pay.”

Other provisions of the Labor Code set forth when sick pay must be paid to employees. Essentially, it must be paid promptly. As in many employment violation cases, even payments that appear prompt may be considered delayed if pay has been calculated improperly and the company therefore owes more than it paid.

According to the complaint, the miscalculation also means that the employer has not provided accurate, itemized wage statements.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Walgreen Sick Pay and Pregnancy Discrimination California Complaint

December 30, 2020

This class action brings suit against Walgreen Co. with a combination of individual and class allegations. The individual claims have to do primarily with pregnancy, disability discrimination, and wrongful termination; the class claims concern primarily sick leave, sick pay, and the failure to provide accurate, itemized wage statements. The applicable laws are California’s Labor Code, Wage Orders from the California Industrial Welfare Commission (IWC), and the Fair Employment and Housing Act (FEHA).

Walgreen Sick Pay and Pregnancy Discrimination California Complaint

Case Event History

Walgreen Sick Pay and Pregnancy Discrimination California Complaint

December 30, 2020

This class action brings suit against Walgreen Co. with a combination of individual and class allegations. The individual claims have to do primarily with pregnancy, disability discrimination, and wrongful termination; the class claims concern primarily sick leave, sick pay, and the failure to provide accurate, itemized wage statements. The applicable laws are California’s Labor Code, Wage Orders from the California Industrial Welfare Commission (IWC), and the Fair Employment and Housing Act (FEHA).

Walgreen Sick Pay and Pregnancy Discrimination California Complaint
Tags: Discrimination Because of Pregnancy, Employment Violations, Failure to Provide Accurate and/or Itemized Wage Statements, Sick Pay