Class Action Claims Walmart Failed to Issue Proper Wage Statements to Calif. Workers

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Walmart, Inc. faces in a proposed class action in which two former employees allege the mega retailer failed to provide workers with accurate, itemized wage statements.

According to the lawsuit, Walmart’s policy of devoting “minimal resources to the payroll accounting function” has resulted in workers being deprived of all final wages owed to them.

The two plaintiffs, who were terminated respectively in February 2017 and November 2018, allege in the first amended complaint that their final wage statements failed to include certain required information, such as the inclusive dates of the pay period, all accumulated pay included in the “Final Statement of Wages,” and the name and legal address of the employer.

Per the case, Walmart has a policy and practice of failing to include this information in workers’ final and regular pay statements.

The suit goes on to allege that Walmart’s post-termination wage statements caused further injury in that it was “impossible to determine” from the statements alone whether the workers were being paid wages or another type of reimbursement, such as a stock purchase refund.

“The statements made it impossible for Aggrieved Employees to determine whether they had being [sic] properly compensated for all hours worked,” the complaint reads.

The confusion was exacerbated, according to the suit, by the fact that former employees “have little recourse” when it comes to obtaining accurate information given they no longer work for the defendant and that many low-wage workers may not have access to a computer, printer and the Internet.

Per the case, the plaintiffs were further confused by Walmart’s apparent failure to properly identify the name and address of the their employer on their regular and final wage statements. While one of the plaintiffs was employed by Wal-Mart Stores, Inc., her final wage statement and others incorrectly stated Wal-Mart Associates, Inc. as her employer, the suit says.

Likewise, while the second plaintiff’s employer was Walmart, Inc., several of his paystubs and his final wage statement displayed Wal-Mart Associates, Inc. as his employer, according to the case.

The plaintiffs look to represent two proposed classes that include non-exempt employees who, between December 18, 2016 and January 31, 2018 or between February 1, 2018 and the mailing of class notice, worked at one or more of the following Walmart facilities in California:

• Walmart Supercenter #3522 at 3250 Big Dalton Avenue, Baldwin Park, CA 91706;
• Walmart Supercenter at 1231 S. Sanderson Avenue, Hemet, CA 92545; 
• Walmart Supercenter at S. San Jacinto Ave., San Jacinto, CA 92583; or
• Walmart Supercenter at 1800 N. Perris Blvd., Perris, CA 92571.

Since its initial filing in Los Angeles County Court on September 30, 2020, the case has been removed to California’s Central District Court.

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