Settlement of a Suit against Wal-Mart in California

OAKLAND, Calif., Nov. 10, 2010 - The United States District Court for the Northern District of California, Judge Saundra B. Armstrong, has granted final approval to the settlement of a wage and hour class action suit against Wal-Mart in California, In re Wal-Mart Stores Wage and Hour Litigation, Case No. 02069SBA (Smith Case No. C-06-02069SBA and Ballard Case No. C-06-05411SBA). The settlement, which provides for a payment of between $43 million and $86 million (including claims, costs, and attorneys' fees), concludes more than four years of litigation concerning the payment of wages to California associates. In addition, as part of the settlement, Wal-Mart has agreed to continue to maintain electronic systems that will protect the rights of workers.

"This settlement represents an extraordinary result for the members of this class, with up to $86 million being paid by Wal-Mart to resolve the claim that class members were underpaid approximately $12 million in vacation and other wages when their employment with Wal-Mart ended. The potential additional $74 million payment represents interest and statutorily imposed expenses that Wal-Mart may have faced had the matter proceeded to trial," said Louis Marlin of Marlin & Saltzman, one of the counsel for the class. "The case has been hard fought since it was filed four years ago, with Wal-Mart's lawyers presenting a vigorous defense. Marlin & Saltzman, along with our co-counsel, including Peter Hart, have fought hard for the class members."

"Our policy is to pay our associates in an accurate and timely manner. Our communications, processes and systems will help ensure that's the case," said Greg Rossiter, Wal-Mart spokesperson.