CA Pay Stub Lawyer
California employers are required to provide employees accurate pay stubs or wage statements that show exactly how their paycheck was calculated. If the pay stub fails to accurately reflect important information, the employer could be held liable to the employee for damages.
What information is required to be included on a California pay stub?
California Labor Code § 226 requires that an employer, semimonthly or at the time of each payment of wages, to furnish to his or her employee as a detachable part of the check, draft, or voucher, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing:
- Gross wages earned
- Total hours worked by the employee (unless the employee is on salary or is considered exempt under CA law)
- All deductions made
- Net wages earned
- The dates of the work period that the employee is being paid
- The name of the employee and the last four digits of his or social security number or an employee identification number
- The name and address of the legal entity that is the employer
- All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee
If an employee is paid by the job, task or number of pieces they work on the employee could be considered a piece-rate employee. If this is the case then that employer would also have to set forth on the pay stub the number of piece-rate units earned and the applicable piece rate on their wage statement or pay stub.
What is the penalty if my employer is not providing accurate pay stubs?
When an employee suffers an injury as a result of a knowing and intentional failure by an employer to comply with the law regarding accurate wage statements, an employee is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period to a maximum of four thousand dollars ($4,000). The employee is also entitled to recover costs and reasonable attorney’s fees.
How long do I have to file a case?
The statute of limitations in California on a wage statement violation is one year, which means that a case has to be filed within one year of the violation. This means it is important to seek out help as quickly if you suspect that your employer is failing to comply with the law regarding wage statements or pay stubs.
What should I do if I suspect that my California employer is not providing me with accurate pay stubs?
If you have been receiving inaccurate wage statements, contact a California Pay Stub Lawyer from Christina Humphrey Law, P.C. to discuss your case. With offices in San Diego and Santa Barbara, we handle wage and hour cases throughout California. All cases are handled on a contingency fee basis, which means that there is no fee unless your case is won in court or settled. To set up a free consultation or to speak to a lawyer about your CA pay stub violation case today, call us at (805) 618-2924.