Class action lawsuit alleges Walmart employees were not permitted to sit on-the-job.
The Los Angeles Times is reporting that Walmart is set to pay $65 million to settle a class action lawsuit. Walmart has been accused of not providing cashiers with seating. About 100,000 current and former Walmart cashiers in California would be eligible to receive compensation.
We found this article fascinating because employee seating comes up in our workers’ compensation cases. Walmart was accused in 2014 of forcing a man with restrictions to sit in a bathroom for 7 hours.
Michigan law allows employers to offer light duty instead of paying wage loss benefits. This is known as “reasonable employment” and it must not pose danger to employee health or safety. Job offers must also be a practical distance from the employee’s home.
Bad employers try to game the system by offering demeaning jobs. The goal is to get an employee to quit and walk off. Sometimes restrictions from the doctor are not even followed. Employees forfeit wage loss benefits if they refuse to work.
We tell our clients to follow-up with all employment offers. Ask for a written description of job duties, starting date, location, and rate of pay. Go see the doctor if the work causes pain or is beyond restrictions.
Disputes about reasonable employment are common. It will be up to a magistrate to determine if a refusal to work is based upon good cause. Make sure to have a lawyer who can advocate and protect your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.
Photo courtesy of Creative Commons, by e-pic studios.