The Ninth Circuit’s opinion clarified the cognizable harm required to establish Article III standing under California’s Private Attorneys General Act (“PAGA”) and the Labor Code’s wage statement requirements. Most notably:
- An employee does not have standing to bring PAGA claims in federal court for alleged Labor Code violations that the employee themselves did not suffer.
- As a means of retroactively adjusting an employee’s overtime rate resulting from bonuses, an employer may make lump-sum payments without identifying a corresponding “hourly rate” for those payments on the employee’s wage statements.
A detailed discussion of the Ninth Circuit opinion is available on Jackson Lewis’s California Workplace Law Blog, here: $102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed
