Walmart has agreed to pay $2.5 million to settle a class action lawsuit brought by approximately 81,000 employees in Arizona. This lawsuit, which has been named Arrison, et. to the. v. Walmart alleged that the company did not compensate workers for the time spent undergoing mandatory COVID-19 testing before starting their work shifts. The agreement was approved by a federal court on July 15.
The affected employees-turned-plaintiffs argued that COVID-19 tests, which included taking temperatures and answering questions about their health and possible exposures to the virus, took 10 to 15 minutes each time.
Under Arizona wage law, these workers sought compensation for time spent on these pre-shift activities, and Walmart did not respond to these requests for remuneration.
$2.5 Millions Class Action Settlement that Goes Back to the Pandemic Era
Under the agreement, each worker will receive approximately 50% of their potential claim, based on the number of weeks worked at an Arizona Walmart store from April 20, 2020 to February 28, 2022, when the pandemic was at a high point of infections in the United States.
In return, employees who agree to be part of the class action lawsuit and receive payment will waive any additional claims against the company related to this matter. As of the publication of this note, Walmart has not commented on the matter through its official channels, or through a spokesperson.
Walmart Unpaid Hours Class Action Lawsuit
It is not a rare or isolated occurrence for employers in the United States to require their workers to perform certain tasks before or after their shift to ensure health and safety in the workplace. However, when these activities are unpaid, lawsuits for wage violations may arise.
A related case occurred in 2022, when Apple agreed to pay $30.4 million to settle a class-action lawsuit filed by the company’s employees in the state of California.
These plaintiffs sued the company for failing to pay them for time spent undergoing after-hours security checks on their belongings. California’s highest court ruled in favor of the employees, ruling that they were entitled to this compensation under state law, arguing that they were “clearly under Apple’s control while waiting and during check-outs.”
Class Action Lawsuits During the COVID-19 Pandemic Multiplied
Although the coronavirus pandemic has now ended as a global health emergency, it has generated an increase in labor demands related to health checks prior to shifts.
For example, in 2021, a former Victoria’s Secret employee filed a class-action lawsuit in California, demanding payment for time spent doing temperature checks. In March, a federal district court allowed the case to move forward, and it remains to be seen whether the women’s clothing company decides to settle with the plaintiffs who joined.
Employees seeking compensation under the Fair Labor Standards Act (FLSA) for off-duty activities face different standards. A 2014 ruling by the United States Supreme Court found that bag security checks were not compensable under the FLSA because they did not constitute a “principal activity” nor were they “an integral and indispensable part” of the work for which they were hired to perform.
At the federal level, there is also precedent that did not come from legal sources: the US Department of Labor has issued guidelines indicating that an employer must pay for all hours worked, including pre-shift tasks if they are necessary to the employee’s work.
That is, a temperature check can occur during working hours or, if it is done outside of it, compensation must be made if it is “integral and indispensable” for the employee’s functions.