Attorney Jean-Claude Lapuyade

Wage statement dispute case against Wal-Mart awards $102 million

Labor laws protect California workers, regardless of your legal status or place of birth. As a result, your employer must pay what it owes you. Not only are you entitled to at least minimum wage, but also to rest and lunch breaks, depending on your schedule. We often fight for employee rights and ensure they recover the compensation they have earned. 

According to the California Department of Industrial Relations Labor Enforcement Task Force, wage theft occurs when employers do not provide meal breaks, rest and the pay that employees earn. State laws contain specific requirements about the information on employee wage statements and establish what makes a worker an employee, not an independent contractor. 

Robert Magadia v. Wal-Mart Associates, Inc. 

In a 2018 bench trial, the judge found that wage statements did not fully comply with California Labor Code section 226. They identified a sum under the heading as “Overtime/Inct,” yet did not include how the company calculated the amount. Between the Private Attorneys General Act penalties and statutory damages, Judge Koh awarded $102 million to Wal-Mart employees. 

Wages and breaks 

There are legal avenues available if you think there is a problem with your pay stub. The most critical aspect is tracking the hours you work and the paycheck amount. Make sure you know who employs you, from the name that is on the paycheck to managers and supervisors. Document your start and end time each day, the time you took for breaks and how much pay you should receive. Compare this with the information on your pay stubs. If the numbers do not match, inform your employer. 

The general time limit for labor law claims is three years. Compensation may cover damages for wrongful termination and lost income. For more information, please visit our webpage.