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Walmart Incomplete Wage Statements at Termination California Class Action

Under the California Labor Code, employers must give workers itemized wage statements. The complaint for this class action alleges the Walmart, Inc. (formerly Wal-Mart Stores, Inc.) did not do so, particularly at or after termination on their Final Statements of Wages. The complaint alleges, “Wal-Mart’s policy is to devote minimal resources to the payroll accounting function with the result that in practice its former employees are routinely not paid all final wages owing to them in proper fashion.”

One of the two plaintiffs in this case is Lerna Mays, who was terminated around February 10, 2017. The complaint claims they were not paid their full and final wages until a later date.

The complaint claims that Walmart’s post-termination wage statements were missing information and “confusing in that it was impossible to determine … whether or not Plaintiff Mays was being paid wages or something else…” The February 23, 2017 statement shows payments for “Regular Earnings,” “Overtime Earn,” and “CA Meal Prem,” plus accrued vacation time and “Pers Pay.” The deductions, the complaint says, “reflect typical Social Security and SDI deductions associated with the payment of wages. Her March 9, 2017 statement shows payment for “Overtime/Inct” and a “MyShare Inct” bonus; the deductions again seem to be typical of Social Security and SDI payments on wages.

The complaint quotes Walmart’s Senior Director of Payroll Services as saying the February 23 statement included an “additional $100 reflecting a stock purchase withholding that [Mays] had set up … but which was turned off before the payroll run that held the February 23, 2017 pay date, resulting in a ‘reimbursement’ of the stock purchase withholding when her final pay was deducted from the ‘true up’ payment.” But the complaint asserts that “there is nothing on the wage statement that reflects this payment.”

Also, the complaint says, Walmart “disputes that the post-termination payments made to [Mays] are wages even though amounts are listed for ‘Gross Pay’ and ‘Net Pay’” on the two statements. Also, Walmart changed the employer listed on the statements from “Wal-Mart Stores, Inc.” to “Wal-Mart Associates, Inc.” which the complaint says “is merely engaged in the business of processing payroll for [Walmart].”

The complaint makes similar allegations for other plaintiff, Larry Roach.

The Mays Class is all Walmart non-exempt employees who, at any time between December 18, 2016 and January 31, 2018, worked at any of the stores in question.

The Roach Class is all Walmart non-exempt employees who, at any time between February 1, 2018 and the mailing of the class notice in this case, worked at any of the stores in question.

The stores in question are the following California Walmart Supercenters:

  • 3250 Big Dalton Avenue, Baldwin Park, CA 91706
  • 1231 S. Sanderson Avenue, Hemet, CA 92545
  • S. San Jacinto Ave., San Jacinto, CA 92583
  • 1800 N. Perris Blvd., Perris, CA 92571.
Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Walmart Incomplete Wage Statements at Termination California First Amended Complaint

January 4, 2021

Under the California Labor Code, employers must give workers itemized wage statements. The complaint for this class action alleges the Walmart, Inc. (formerly Wal-Mart Stores, Inc.) did not do so, particularly at or after termination on their Final Statements of Wages. The complaint alleges, “Wal-Mart’s policy is to devote minimal resources to the payroll accounting function with the result that in practice its former employees are routinely not paid all final wages owing to them in proper fashion.”

Walmart Incomplete Wage Statements at Termination California First Amended Complaint

Case Event History

Walmart Incomplete Wage Statements at Termination California First Amended Complaint

January 4, 2021

Under the California Labor Code, employers must give workers itemized wage statements. The complaint for this class action alleges the Walmart, Inc. (formerly Wal-Mart Stores, Inc.) did not do so, particularly at or after termination on their Final Statements of Wages. The complaint alleges, “Wal-Mart’s policy is to devote minimal resources to the payroll accounting function with the result that in practice its former employees are routinely not paid all final wages owing to them in proper fashion.”

Walmart Incomplete Wage Statements at Termination California First Amended Complaint
Tags: Employment Violations, Failure to Provide Accurate and/or Itemized Wage Statements