Sage Datko  |  October 14, 2019

Category: Labor & Employment

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Wage and hour attorneys are anticipating an uptick in wage settlement class action lawsuits as a result of a federal judge’s recent decision to order Walmart to pay $102 million to California plaintiffs in a Walmart pay stub settlement.

Incorrect Wage Statements Lead to Walmart Pay Stub Settlement

According to plaintiffs in the Walmart suit, the retailer failed to provide proper compensation for missed meal or rest periods, and failed to provide employees with accurate wage statements.

Plaintiff Robert M. filed his lawsuit against Wal-Mart Associates Inc. in January 2017 following the end of his employment with the company. According to Robert, he was employed at a San Jose Walmart store between June 17, 2008, and Sept. 16, 2016. During his employment, Robert claims to have been a victim of Walmart’s pay stub policies. Robert claims that Walmart failed to include all of his wages on his pay stubs, engaged in unfair business practices, and willfully violated California labor laws.

According to Robert and the other class action plaintiffs, Walmart did not provide them with itemized wage statements listing their correct rates of pay and hours worked, as well as correct rates for overtime wages and missed meal periods. Instead, Walmart’s wage statements included a line item for additional compensation including overtime or bonuses, but did not break down how the sum was calculated. This lack of clarity and transparency around how overtime and regular wages were calculated left the company open to wage and hour lawsuits.

The three-day bench trial resulted in the $102 million Walmart pay stub settlement. Approximately $48 million was awarded for statutory damages, with an additional $54 million in penalties. Due to the large sum, some California attorneys are anticipating an increase in wage and hour violation class action lawsuits.

California Pay Stub Requirements

According to California pay stub regulations, these wage statements must include several pieces of information. Mandatory items that must be included on employee pay stubs include:

  • Gross wages earned
  • Total hours worked
  • Number of piece rate units earned
  • Deductions made from wages
  • New wages earned
  • Pay period beginning and end dates
  • Employee’s name
  • Last four digits of employee’s SSN or employee identification number
  • Employer’s name and address
  • All hourly rates that were in effect during the pay period
  • The number of hours an employee worked at each pay rate
  • The number of sick days available

Employers who fail to include these mandatory items on employee pay stubs may be subject to fines or legal action for these violations.

If you are a California employee who believes your employer may have made intentional or accidental errors on your pay stubs, you may be entitled to hire an attorney and file a class action lawsuit. Victims of wage and hour violations may be able to pursue compensation and reimbursement for lost wages and overtime pay.

Robert’s Walmart Pay Stub Settlement Lawsuit is Case No: 5:17-cv-00062-LHK, filed in the Superior Court of the State of California for the County of Santa Clara.

Join a Free California Pay Stub Class Action Lawsuit Investigation

If you are a California worker and received a pay stub that was missing any required information, you may qualify to join this California paycheck stub class action lawsuit investigation.

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2 thoughts onWalmart Pay Stub Settlement Expected to Prompt Similar Lawsuits

  1. Evelina Wetzel says:

    Hi I would like to have someone call to address issue with overtime and how we get in trouble when it happens. I was told to not clock out if it does and to fix my timesheet at end of day to reflect normal work hours to in order to avoid getting coached and written up. I’ve been called in more than once and have no control over coverage working at the door as a host. They went as far as looking at the camera footage to review what I was saying was true and prove I was saying the truth. It’s intimidating and unprofessional to make your employees feel stressed about something they literally have no control of and then to be told just to not clock out and alter your timecard for no overtime in order to avoid being written up. Please call. Store j worked for has employees doing this and gets disregarded by asset protection who monitors our whereabouts.

  2. Delia Garcia says:

    I would like my case to be evaluated on pay stubs and for breaks please

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