Employers in California have been inundated with wage-hour class actions for the past two decades.  And, time and again, they have had to deal with employee-friendly decisions from the California Supreme Court.

Leave it to the Ninth Circuit Court of Appeal to step in and put an end to a proposed class action, finding that there were no “real-world consequences” from wage statements that had an error in the employer’s name.

In Lerna Mays v. Walmart Stores, Inc., the plaintiff brought suit under California Labor Code section 226 after receiving her final pay stub, which listed her employer by a slightly different name – “Wal-Mart Associates, Inc.” instead of “Wal-Mart Stores, Inc.” That section requires employers to include certain criteria within employee pay stubs, including the name of the employer. Lab. C. § 226(a)(8).

Although it denied to certify a class on some claims, the District Court granted the plaintiff’s motion to certify a class on the claim that their wage statements were inaccurate. Wal-Mart appealed.

On March 17, 2020, the Ninth Circuit issued a decision reversing the order. The Ninth Circuit found that, while there may have been a technical violation of the statute, the plaintiff suffered no damages: “Apart from her confusion, [the plaintiff] did not suffer any real-world consequences flowing or even potentially flowing from the violation.”

Because she suffered no injury-in-fact, she lacked standing to bring her wage statement claim in federal court. Accordingly, the Ninth Circuit reversed the certification order and remanded the case with instructions to dismiss the wage statement claim.

Back to Wage and Hour Defense Blog Blog

Search This Blog

Blog Editors

Related Services



Jump to Page


Sign up to receive an email notification when new Wage and Hour Defense Blog posts are published:

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.