Facts

Mark Chen worked for Walmart as a money center cashier. His position required standing in a fixed location waiting for customers to approach and ringing up the merchandise they wished to purchase. In 2020, he filed a Private Attorneys General Act (PAGA) suit against Walmart.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Walmart, while providing seating for front-end cashiers in its Golden Gate stores upon request, still failed to provide seating for cashiers working in other areas such as the garden center or electronics department. Ergo, while front-end cashiers were provided seating, cashiers in other departments, including the smoke, specialty, and mall shops and other departments such as the hardware and sporting goods, were not provided the same benefit.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions, arguing that no seating violations occurred.

Result

A settlement was reached where Walmart will pay $5.9 million to settle all claims. Of that amount, 75 percent, or $3.75 million, will go to the California Labor and Workforce Development Agency, and 25 percent, or $939,655, will be distributed to class members.