Walmart Failure to Pay for Rest Breaks California Labor Law Class Action

This class action brings suit against Wal-Mart Associates, Inc. It claims the company has violated the California Labor Code, the California Business & Professions Code, and its Industrial Welfare Commission’s Wage Orders. Among other things, the complaint alleges that Walmart has not provided proper rest periods to employees.

One of the two plaintiffs in this case is Cecelia Rodriguez, who worked for Walmart as an hourly, non-exempt store employee in various departments including cashier, customer service, task office, and money center. She worked at the Walmart in San Jacinto, California from around March 11, 2014 to October 24, 2019.

The other plaintiff is Breana Stewart, who also worked as an hourly, non-exempt employee from around September to December 2019. She worked in the Lancaster, California store.

Both plaintiffs contend that Walmart did the following:

Failed to provide all paid, off-premises rest periods. The complaint quotes an IWC Wage Order as saying, “Authorized rest period time shall be counted as hours worked for which there shall be no deductions from wages.” See the First Cause of Action for more information.

Did not provide accurate and itemized wage statements.

Violated Labor Code §203, regarding paying all wages at termination. If an employer willfully does not do this, the former employee’s wages will continue at the same rate, until they are paid, for up to thirty days. See the Third Cause of Action for more information.

Incurred penalties under Labor Code §2698 for labor law violations. See the Fourth Cause of Action for more information.

Engaged in unfair business practices. See the Fifth Cause of Action for more information.

Four classes have been defined for this action.

The Rest Period Class is all California citizens employed by Walmart as hourly, non-exempt store employees (not including those at distribution centers, fulfillment centers, or warehouses) during the appropriate time period who were subjected to Walmart’s policies and practices regarding paid, off-premises rest periods.

The Wage Statement Class is all California citizens employed by Walmart as hourly, non-exempt store employees (not including those at distribution centers, fulfillment centers, or warehouses) during the appropriate time period who were subjected to Walmart’s policies and practices regarding itemized wage statements.

The LC 203 Class is all California citizens employed by Walmart as hourly, non-exempt store employees (not including those at distribution centers, fulfillment centers, or warehouses) during the appropriate time period who were subjected to Walmart’s policies and practices regarding Labor Code §203 and the payment of final wages.

The 17200 Class is all California citizens employed by Walmart as hourly, non-exempt store employees (not including those at distribution centers, fulfillment centers, or warehouses) during the appropriate time period who were subjected to Walmart’s policies and practices regarding whom Walmart has engaged in unlawful, unfair or fraudulent business acts or practices prohibited by the Business & Professions Code §17200

Article Type: Lawsuit
Topic: Employment
Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Failure to Pay All Wages Due at Termination, Failure to Provide Accurate and/or Itemized Wage Statements