Frequently Asked Questions

BASIC INFORMATION

1. Why did I get the notice?

The Settlement Class here includes all individuals who worked at a Walmart retail store in Arizona as a nonexempt store employee at any point during the Class Period. Records show that you worked at a Walmart retail store in Arizona between April 10, 2020 and February 22, 2022.

2. What is a class action and why is this lawsuit a class action?

In a class action lawsuit, one or more people sue on behalf of others who have similar claims. One court resolves the issues for everyone who does not exclude themselves. Prior to reaching a settlement, the Court found this case met the requirements of Federal Rule of Civil Procedure 23, which governs class actions. Specifically, the Court found that there are a sufficient number of people who were subject to the alleged employment policies at issue in this case, that there are legal questions common to each of them, that the Class Representatives will fairly and adequately represent the Class’s interests; and that this class action will be more efficient than having many individual lawsuits. The Settlement Class includes all individuals who worked at a Walmart retail store in Arizona as a nonexempt store employee at any point between April 10, 2020 and February 28, 2022.

3. What is this lawsuit about?

Plaintiffs claim that Walmart violated Arizona law by not tracking and paying for all time related to COVID screenings. Walmart denies the allegations and contends that it fully complied with all applicable state and federal laws. Therefore, Walmart contends it does not owe any additional wages related to COVID screenings, and that it has no liability for the claims asserted in this case.

4. Why is there a settlement?

The Court did not decide in favor of either side. Instead, both sides agreed to a settlement. The Class Representatives and Class Counsel think the settlement is in the best interest of the Class.

5. Is there any money available from the settlement?

To settle this case, Defendants have agreed to pay a total of $2,500,000 (“Settlement Fund”) inclusive of all alleged unpaid wages and other recoverable amounts. Of this, Class Counsel will ask the Court for attorneys’ fees equal up to 25% of the settlement as well a payment of $125,000 for their reasonable expenses pursuing the case, and service awards to the two Class Representatives of $5,000 each. The Court may award less than these amounts. Finally, the cost of settlement administration will not exceed $207,478 and will be paid from the Settlement Fund. If the requested amounts are approved, this will leave $1,532,522 in the Net Settlement Fund.

All members of the Class will receive a pro rata share of the Net Settlement Fund, calculated based on the number of pay periods worked during the relevant time period. Class members worked a total of 1,655,394 pay periods during the class period. The number of pay periods used to calculate the award and the estimated award amount were included in the Notice. After the initial distribution, the funds from any uncashed checks will, if economically feasible, be redistributed to those class members who cashed their initial check using the same per pay period formula. Any undistributed funds will be paid to the Arizona Unclaimed Property Fund in the name of those class members who cashed their initial checks using the same per pay period formula. In no event will any money from the settlement fund be returned to Walmart.

6. What if I disagree with the number of pay periods included in the Notice?

If you dispute the number of pay periods as shown on the Notice, you may produce evidence of the number of pay periods you think you worked during the relevant period and mail it to the settlement administrator postmarked on or before July 1, 2024:

The settlement administrator will notify you of the decision on any disputed pay periods.

7. How will taxes be handled on the money?

For tax purposes, settlement payments will be paid 50% as W-2 wages, with standard payroll withholding and Walmart paying the employer’s share of payroll taxes, and 50% without withholding to be reported on Form 1099 under the payee’s name and social security number previously provided to Walmart. You will be responsible for paying any other income taxes required on the payment you receive.

THE LAWYERS AND PLAINTIFF REPRESENTING YOU

8. Do I have a lawyer in this case?

The Court decided that the law firm of Lear Werts LLP is qualified to represent you and all Class Members and appointed them as Class Counsel. More information about this law firm is available at www.learwerts.com. You do not need to hire your own lawyer because Class Counsel is working on your behalf. But if you want your own lawyer, you will have to pay that lawyer if you want someone other than Class Counsel to speak for you.

9. How will the lawyers and Plaintiff be paid?

Class Counsel will ask the Court for attorneys’ fees equal up to 25% of the settlement as well as up to $125,000 for their out-of-pocket expenses and a payment of $5,000.00 each as a service award to both of the Class Representative. The Court may award less than these amounts.

RELEASE OF CLAIMS

10. What claims am I releasing?

When the settlement becomes effective, any class member who does not timely provide an Exclusion Request will release Walmart Inc., Wal-Mart Associates, Inc., and all of their present and former parents, subsidiaries, affiliates, and joint ventures, and all of their shareholders, members, managers, officers, officials, directors, employees, agents, servants, registered representatives, attorneys, insurers, successors, and assigns, and any other persons acting by, through, under, or in concert with any of them from:

Plaintiffs and all Participating Class Members, including their agents, affiliates, spouses, domestic partners, representatives, guardians ad litem, heirs, executors, administrators, successors, attorneys, and assigns, past, present and future, shall, for the period April 10, 2020 through the date the Court grants Final Approval of the Settlement, fully and finally waive, release, and forever discharge the Released Parties from any and all actual or potential claims (i) asserted in this Action under Arizona law on behalf of the Settlement Class, including in the Complaint filed on March 22, 2021, or (ii) arising from, reasonably related to, or derivative of, the claims or factual allegations asserted in this Action regarding Walmart’s alleged failure to pay wages due or keep accurate records, in violation of Arizona Revised Statutes §§ 23-351 or 23-355, Arizona Administrative Code § R20-5-1210, et seq., or common law principles of unjust enrichment or quantum meruit (“Released Class Claims”).

The waivers and releases in this Section will be final and binding on the Effective Date and will have every preclusive effect permitted by law. Plaintiffs and Participating Class Members will not file and will not request any other party or entity to file on their behalf, any claim, complaint, charge or request for damages or any other relief released above, including with any local, state, or federal governmental or quasi-governmental agency or any state, administrative, or federal court, or any licensing or accreditation organization, against the Released Parties.

OBJECTING TO THE SETTLEMENT

11. How do I tell the Court that I don’t like the settlement?

If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. If you properly present your objection, then the Court will consider your views. Any such objection must be filed by mailing the objection to these three different places on or before July 1, 2024.

To object to the Settlement (“Objection”), a Class Member must sign and file a written Objection to the Settlement by either (a) sending it to the Court with a postmark on or before the Response Deadline, or (b) filing it with the Court on or before the Response Deadline. In order for the Objection to be valid, the Objection must: (a) include the objector’s full name, address, email address, and telephone number; (b) be signed by the Class Member; (c) reference the Action by name, case number, or other information sufficient to unambiguously identify the Action; (d) state all grounds for the Objection, including without limitation, demonstrating standing to object (i.e. membership in the Settlement Class); (e) state whether the Class Member or their lawyer intends to appear at the Final Approval Hearing; and include any written material on which their objection is based or on which they intend to rely; (f) either be mailed to the Court with a postmark on or before the Response Deadline or filed with the Court on or before the Response Deadline; and (g) be sent to the Settlement Administrator with a postmark on or before July 1, 2024. The postmark or filing date of the Objection, whichever is earlier, will be deemed the exclusive means for determining that the Objection is timely. The Parties have the right to conduct reasonable discovery as to the basis of any Objection on an expedited basis.

Class Members who fail to object in the manner specified above will be deemed to have waived all objections to the Settlement and will be foreclosed from making any objections, whether by appeal or otherwise, to the Settlement Agreement. Only Class Members who submit timely Objections as specified above will have a right to appear at the Final Approval Hearing in order to have their concerns heard by the Court but a Class Member who files a timely Objection as described above need not appear to have their Objection considered by the Court. Class Counsel will not represent any Class Members with respect to any such Objections to this Settlement.

Any attorney you may hire for the purpose of making an objection must file his or her Entry of Appearance on or before July 1, 2024 The Entry of Appearance shall be filed with the Clerk of the Court with a copy served upon Class Counsel and Defendants’ Counsel in accordance with Federal Rules of Civil Procedure.

12. How do I ask the Court to exclude me in this case?

To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from this case. Be sure to include your name, address, telephone number, and sign the letter. You must mail your Exclusion Request postmarked on or before July 1, 2024 to:

13. What’s the difference between objecting and excluding?

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

14. What happens if I do nothing at all?

If the Court issues final approval of the settlement, you will receive a check for your respective settlement amount. You will also be bound by any orders the court issues in this case, and you will be forever barred from suing Walmart for the conduct at issue during the relevant time period in this lawsuit.

15. Are more details available?

The notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Agreement by contacting the settlement administrator, Simpluris, at the address and phone number below:

THE COURT’S FAIRNESS HEARING

16. When and where will the Court decide whether to approve the settlement?

The Court will hold a Fairness Hearing on July 15, 2024, in the Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement.

17. Do I have to come to the hearing?

No. Class counsel will answer questions the Court may have. But you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.