Walmart, Sam’s Final Worker Payments and Bounced Checks California Class Action

The complaint for this class action alleges that Walmart did not pay employees all wages due at termination and also bounced checks for the amounts it did pay some of them. The allegations are made under the provisions of California’s Labor Code and IWC Wage Orders, against Wal-Mart Stores, Inc., Walmart, Inc., and Sam’s West, Inc.

Plaintiff Jesenia Zamora worked for Walmart as a non-exempt cashier from October 21, 2015 to July 10, 2017. She gave the company two weeks’ notice before she left her job. On her last day, she worked roughly three to five hours. She claims that Walmart did not pay her for the hours she worked on her last day or for her unused vacation or vacation-equivalent pay. Also, according to the complaint, when she deposited her final Walmart check, it bounced, and she was required to pay a bounced-check fee of $12. The complaint alleges that she has not been paid this fee or the remaining amounts owed to her.

Also, oddly, the complaint says, “Plaintiff Zamora believes [] some or all of her funds were transferred to an unclaimed property fund and Wal-Mart did not take the proper steps to deliver her wages to her.”

The other plaintiff in this case, Brandan Greigo, worked for the company as a non-exempt associate from August 31, 2019 until he was terminated on October 8, 2019. On that day, the company issued a check to him. When he deposited the check, it was reversed and caused a negative balance in his account. It was finally represented and paid on October 15, 2019.

Under California law, workers are to be paid all wages owed within seventy-two hours of a voluntary resignation.

California labor laws also specify that if a check for wages or fringe benefits is refused payment because of insufficient funds, “those wages or fringe benefits, or both, shall continue as a penalty from the due date thereof at the same rate until paid” for up to thirty days, unless the employer can establish that the violation was unintentional.

Because the plaintiffs were not paid on time according to California laws, the complaint alleges that they are entitled to “waiting time penalties”—that is, their “daily regular wages up to thirty (30 days) from the time the wages were initially due.”

The class for this action is former employees who worked for Walmart or Sam’s West whose employment ended between March 2, 2016 and the date of judgment in this case. A number of subclasses have also been proposed, including those whose money or wages are being held by the companies and those whose final pay checks were reversed or bounced.

Article Type: Lawsuit
Topic: Employment
Tags: Employment Violations, Failure to Pay All Wages Due at Termination