Itemized and accurate written wage statements must be given to employees by their employer every pay period. These are commonly known as detachable pay stubs. The following information must appear on the statements pursuant to section 226 of the California Labor Code.
- Gross wages earned in the pay period.
- Total hours worked during the pay period (for non-exempt employees).
- The number of piece-rate units and the piece rates (if applicable).
- Any and all deductions, like state and federal taxes.
- Net wages earned for the pay period.
- The date range of the subsequent period.
- The employee’s name and the last four digits of his or her social security number.
- The name and address of the employer.
- The applicable hourly rates and number of hours worked at each rate.
Employer’s Retention of Pay Records
Every California employer is required to retain copies of employee pay records that show deductions for at least three years. Both former and current employees must be allowed by the employer to inspect such records within 21 days of a request. A civil penalty in the amount of $750 can be imposed for an employer’s failure to provide a current or former employee the appropriate records.
Failure to Provide Wage Statements on Paydays
An employer who fails to provide a wage statement to an employee on payday is liable to the employee for $50 for a first failure and $100 for any subsequent offense with an aggregate maximum of $4, 000. Should an employee be compelled to file a civil lawsuit to recover such penalties, the employer can be held liable for the employee’s costs and legal fees.
You can contact us if you believe that your current or former employer was in violation of section 226 of the California Labor Code.
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