We often see lawsuits that include claims for wage statement (AKA paystub) violations. These types of violations are far easier to prevent than they are to fix, and can result in thousands of dollars in penalties. Under Labor Code § 226, each itemized wage statement must include:
- Gross wages earned
- Net wages earned
- Total hours worked (for non-exempt employees)
- Piece-rate units earned and piece-rate rate (if applicable)
- All deductions taken (e.g., for taxes, garnishments, etc.)
- Dates for which the employee is paid
- Name and last four digits of SSN or other employee identification number
- Hourly rates in effect and hours worked at each hourly rate
- Name and address of legal entity that is the employer (and contractor, if the employee is a farm labor contractor)
Additionally, under the Healthy Workplaces, Healthy Families Act, employers must include the days of sick leave remaining (or “unlimited, if that is the case) on the paystub (or a document issued the same day as the paycheck)
Current and former employees have the right to inspect or copy personnel files relating to them (including paystubs), upon reasonable request. Employers must comply as soon as possible but within 21 calendar days from the date of request.
Recent Comments