Staublein

I.

INTRODUCTION

Amy Staublein worked at Wells Fargo’s San Bernardino call center for over a

decade. During the last two years of her employment, she earned a “language differential

pay increase” of 5 percent more than her base pay because she speaks Mandarin fluently

and used it on the job. Staublein brought this class and representative action against

Wells Fargo alleging that Wells Fargo’s wage statements for employees who earn the

language differential pay increase violate Labor Code section 226, subdivision (a)(9) 1 (section 226(a)(9)) because they do not separately itemize the employees’ base pay rates

and language-differential pay.

The trial court disagreed, granted summary judgment to Wells Fargo, and denied

Staublein’s cross-motion for summary judgment. Staublein appeals, and we affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Wells Fargo pays certain qualifying employees a language differential pay

increase equal to 5 percent of the employee’s hourly rate. To qualify for the language-

differential pay, the employee must work “in a call center-dedicated language queue” or

“use a second language 50% or more of the time at work.” The employee must also pass

a…