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Actually that layer really empty?
Whenever operating in a multilayered document, it isn’t difficult for lots of layers to stack up in a short time. You may got a little carried away and did not bother naming your layers. Now you have to clean up your own layer stack and start taking away all of the unnecessary layers.
Did you ever wondered if a layer is empty or not? This is the little timesaving tip: Hold down the Command (PC: Ctrl) key and click on the layer thumbnail. When you get some text that says, Warning: No pixels were selected, then you can definitely correctly erase the layer which it is indeed unused. If you ever just wanted to take out all blank layers, choose File>Scripts>Delete All Empty Layers