Class Action Claims Walmart Violated Philadelphia Fair Workweek Law

New to ClassAction.org? Read our Newswire Disclaimer

Two former Walmart employees claim in a proposed class action that the retailer failed to comply with Philadelphia’s Fair Workweek Law, which requires employers in certain industries to provide workers with predictable schedules and sufficient advance notice.

The 15-page case alleges that although Walmart and other retail, fast food and hospitality employers were required to comply with the Philadelphia Fair Workweek Employment Standards Ordinance by April 1, 2020, the defendant failed to do so. More specifically, the lawsuit alleges Walmart failed to provide employees with proper advance notice of their schedules, required them to work shifts with less than nine hours in between, and failed to offer available shifts to existing employees before hiring new ones.

According to the case, the two plaintiffs worked at a Roosevelt Avenue, Philadelphia Walmart until July 2022 and September 2021, respectively. When Walmart first hired the individuals, the suit says, they were not provided with a good faith estimate of their expected schedules as required by the Fair Workweek Law.

The retailer also failed to provide workers with at least 10 days’ notice of their work schedules prior to January 1, 2021, and thereafter did not always provide at least 14 days’ notice, the suit says. Moreover, Walmart regularly changed employees’ schedules by more than 20 minutes without paying them “predictability pay” as required under the city ordinance, the lawsuit alleges.

Per the case, Walmart employees were also required to work shifts on consecutive days with less than nine hours in between without their consent and without being paid $40 for each such shift.

Further, although Walmart was required to notify current workers about how to pick up available shifts and whether the shifts are recurring before hiring new employees, the retailer failed to do so, the lawsuit claims.

Finally, the suit says that Walmart failed to provide the plaintiffs with a compliant written notice of its policy for “offering and distributing work.”

The lawsuit looks to represent hourly non-exempt employees who provide retail services to the public and work or worked for Walmart Inc. in Philadelphia during the relevant timeframe.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.