Judge rules in favor of more than 100,000 Walmart Employees in California Labor Law Case
On January 9, 2018, U.S. District Court Judge Lucy H. Koh, ruled in favor of more than 100,000 Walmart employees and granted certification on three classes of workers who are currently or have been employed by Walmart. The case, Magadia v. Wal-Mart Associates Inc. (“Magadia”), alleges that Walmart underpaid its employees for missing meal breaks because they were forced to work through their lunch breaks and failed to provide necessary information on the pay stubs given to their employees.  This ruling permits Wal-Mart employees to continue the lawsuit in a class action capacity.
Unsurprisingly, this is not the first class action claim against Walmart regarding California employment laws. In fact, Walmart settled a case about wage statement violations for $1.6 million this past August.
If you work through your lunch breaks in California, state law requires your employer to pay you an extra hour of pay if:
You do not take your lunch break;
Your employer pressures you to work or instructs you to work during your meal break; or
You do not take your lunch break before the 5th hour of work.
Also, if you work twelve (12) or more than hours, you are entitled to a second lunch break. If you do not receive a second lunch break your employer has violated the law.
Additionally, the California Labor Code requires that all payments for non-compliant meal breaks be itemized (listed) on your pay stub so that you can adequately determine whether you were properly paid. If you cannot reasonably determine whether you have been paid for all the work you’ve done, your employer may have violated the law.
The following information is also required to be listed on your California wage statement:
total gross wages and net pay you earned during the pay period;
total hours you worked during the pay period;
all hourly rates in effect during the pay period and the number of hours you worked at each rate;
number of units and rate for any piece-work you performed;
all deductions from your pay;
dates included in the pay period;
your name and the last four digits of your social security number;
the employer’s full name and address.
Unfortunately, employers of all shapes and sizes commit labor violations all too frequently. It may seem as though the business you work for is so large they can’t be held accountable for their wrong doing, but that isn’t the case!
The employment law attorneys at Clark Law Group have experience prosecuting wage theft cases against businesses - big and small. Our mission is to help employees recover stolen wages.
If you or anyone you know has been denied earned wages, the dedicated employee rights attorneys at Clark Law Group want to hear your story.
Contact us today for a free consultation