Tuesday, July 20, 2010
Second District Publishes Section 226 “Wage Statement” Opinion: Morgan v. United Retail
On July 19, 2010, the Second District (Division 7) issued an order (pursuant to requests filed by Starbucks Corporation and Ralph's Grocery Company) changing the publication status of Morgan v. United Retail, __ Cal.App.4th __ (2010) from unpublished to published. The Court’s opinion concludes that the Labor Code Section 226(a) requirement of providing the “total hours” worked in employee wage statements is met where the employer provides an accurate statement of both regular and overtime hours that were worked within a pay period. Slip Opinion, at 15 (“United Retail's wage statements complied with section 226's requirement regarding the total hours worked by showing the actual number of regular hours worked and the actual number of overtime hours worked during the applicable pay period.”).