On Friday, May 29, 2020, Fitapelli & Schaffer, LLP filed a class action lawsuit against Wal-Mart Associates, Inc. (collectively, “Wal-Mart”) for unpaid wages. The grocery chain and retailer, has allegedly failed to pay its hourly employees in accordance with the New York Labor Law ( “NYLL”). This lawsuit seeks to recover untimely wage compensation and other damages for hourly cashiers, front end associates, stockers, receiving associates, sales associates, and other similar manual labor positions (collectively, “Manual Workers”) who work or have worked as manual workers for Wal-Mart.
Despite having mostly labor focused job responsibilities, Wal-Mart compensated its Manual Workers on a bi-weekly basis violating the NYLL that requires they be paid their wages within seven calendar days after the end of the week in which these wages were earned. Over twenty-five percent of Manual Workers’ duties were physical tasks, including but not limited to: (1) lifting and carrying items purchased by customers; (2) placing items purchased by customers into bags; (3) sweeping floors; (4) wiping down work stations; (5) standing for long periods of time; (6) stocking shelves; and (7) arranging inventory. In this regard, Wal-Mart failed to provide timely wages to all of its similarly situated Manual Workers. Additionally, Wal-Mart failed to provide its Manual Workers with wage statements specifying the amount of hours worked per week as required by the NYLL. Due to these violations of the NYLL, Manual Workers are entitled to recover the amount of their untimely paid wages as liquidated damages, statutory penalties of two hundred fifty dollars for each workday that Wal-Mart failed to provide them with accurate wage statements, or a total of five thousand dollars each, as well as reasonable attorneys’ fees and costs.
Affected employees include all persons who work or have worked as Manual Workers for Wal-Mart Associates, Inc. in New York between May 29, 2014 and the date of final judgment in this matter. To find out if you may be eligible to join this matter, do not hesitate to call our firm, Fitapelli & Schaffer, LLP, at (212) 300-0375 or visit our website here for additional information.
You can also view the complaint here.