Nickolas Tsui v. Walmart, Inc.

Mr. Tsui, an Army Reservist, sued Walmart for failing to pay short term military leave given the Uniformed Services Employment and Re-employment Right’s Act’s (USERRA) requirement that companies pay short term military leave in the event the company pays for comparable short term leaves like jury duty, sick leave, and/or bereavement leave.  Mr. Tsui brought a class action lawsuit against Walmart.

Subsequently Walmart agreed to settle the lawsuit.  On April 30, 2021, the Federal District Court for the District of Massachusetts granted Mr. Tsui’s motion to preliminarily certify the class action.  A copy of the preliminary approval order is available here.  The court is scheduled to approve the class action settlement on October 14, 2021, at 12:00 PM EST.  The hearing will be via video teleconference. Information on accessing the hearing is available here.

On October 15, 2021, the Court approved the settlement.