Facts

From April 1977 to Aug. 11, 2006, Mary Milligan, plaintiff, had been an employee with American Airlines, defendant. When she worked there, plaintiff had signed up to be paid through direct deposit. At some point, plaintiff stopped receiving paper pay stubs and accessed her pay stubs electronically, using a computer at work. The electronic pay stubs did not include her hourly rate of pay and the defendant's address. After plaintiff stopped working at American Airlines, she sued the defendant.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that defendant violated California Labor Code Section 226 by not listing her hourly rate of pay, nor defendant's address on her pay stubs. The plaintiff further argued that she could only access her pay stubs at work, and that she did not have an assigned computer workstation. The plaintiff alleged that she and other employees were expected to agree to receiving the pays stubs electronically. She claimed that at times the temporary passwords that allowed her to access the pay stubs electronically did not work, and she had to contact the service center, having to wait for forty-five minutes to get assistance. The plaintiff also sought to bring a class action against the defendant on these claims.

DEFENDANT'S CONTENTIONS:
The defendant moved for summary judgment. Defendant argued that plaintiff did not suffer any injury under the California Labor Code Section 226. Additionally, the defendant argued that plaintiff did not have standing since she was no longer employed with American Airlines. Because defendant lacked standing, defendant argued that she lacked standing to pursue the class claims.

Damages

The plaintiff asked for an unspecified amount in damages.

Injuries

The plaintiff claimed that having to perform mathematical calculations to determine the total hours she worked during a pay period constituted an injury under California Labor Code Section 226.

Result

Judge Manuel Real granted summary judgment in defendant's favor on the basis that plaintiff suffered no injury, she lacked standing, and that she lacked standing to bring class claims.

Other Information

The plaintiffs have filed an appeal.