Court of Appeal Affirms Summary Judgment in Check Stub Class Action

In Morgan v. United Retail Incorporated (filed June 23, 2010, publication ordered July 19, 2010) --- Cal.App.4th ---, the plaintiffs filed a putative class action for violation of Labor Code section 226. The Court of Appeal described the case as follows:

[Plaintiffs] alleged that United Retail's wage statements failed to comply with section 226, subdivision (a) because they listed the total number of regular hours and the total number of overtime hours worked by the employee, but did not list the sum of the regular and overtime hours worked in a separate line. The trial court granted summary adjudication in favor of United Retail on the section 226 claim. We conclude that the trial court properly granted summary adjudication because United Retail's wage statements complied with the statutory requirements of section 226 by “showing ... total hours worked.” ( § 226, subd. (a)(2).) We accordingly affirm.

Slip op. at 1.

Scott Leviant has a thorough discussion of this case on his blog, The Complex Litigator. Scott's blog is an excellent read, and I recommend it highly.