SAN FRANCISCO (Legal Newsline) – A 2018 settlement hasn’t solved Walmart’s legal troubles from cashiers who want somewhere to sit.
A class action lawsuit filed Aug. 13 in California federal court says Walmart has refused to implement a program to provide seats for cashiers, even though a federal judge required it to do so in the cashiers’ first class action.
The 2018 settlement, worth $65 million, drew concerns from Judge Edward Davila, who worried about the vague language of a pilot seating program. The final iteration of the settlement imposed a duty on Walmart to provide seats near checkout lines for cashiers rather than only provide them upon request, the new lawsuit says.
“Walmart, however, never intended to implement or maintain the Seating Program,” it says.
“This was intentionally concealed from the Court, Class Counsel, the Class, the LWDA, and future cashiers. No one had reason to believe that Walmart would have the brass to ignore a federal court judgment.”
Investigators for the plaintiffs lawyers visited 45 Walmarts and found that only 21 of 199 traditional cashiers were seated. Of the 82 cashiers monitoring self-checkout lines, only two were seated and only eight seats were made available.
Capstone Law and Kevin McInerney are pursuing the case.