In California, adhering to paystub regulations is a crucial aspect of employment. If you suspect your employer hasn’t met the stringent local labor code requirements, The Law Offices of Kyle K. Lauby is here to assist.
Paystubs serve as a transparent medium between employers and employees, detailing vital pay information. If your employer failed to provide accurate paystubs, you might be eligible for legal damages, and our seasoned team in employment and labor law is ready to support you.
According to California law, every time an employee receives their wages, employers must provide a detachable pay stub or itemized statement with nine essential pieces of information.
A compliant pay stub must have ALL the following items accurately stated as shown in the sample pay stubs below, failing which, the employee may seek monetary penalties:
- Gross wages earned
- Total hours worked, including rest break time and waiting time for piece-rate employees (not required for salaried exempt employees)
- The number of piece-rate units earned and any applicable piece rate if paid on a piece rate basis
- All deductions (those made on written orders of the employee can be aggregated and shown as one item)
- Net wages earned
- Start and end date of the pay period
- Employee’s name and the last four digits of their social security number or an alternative employee identification number
- Employer’s legal name and address
- All applicable hourly rates during the pay period, and the corresponding number of hours worked at each rate (Regular Hourly Rate, Overtime Rate, Double Overtime Rate, and others must be SEPARATELY LISTED, distinguishing hourly pay from piece rates for waiting or non-piece rate work.)
Deductions on the pay stub must be recorded in an ineditable form like permanent ink and properly dated to show the month, day, and year of issuance.
Employers are required to retain a copy of this information for a minimum of three years.
Moreover, upon request, employers must avail your payment records within 21 days. Failing to comply, whether the request comes from a current or former employee, could result in a $750 penalty.
Without accurate pay stub records, employers will find it challenging to prove the exact payment amounts, especially concerning overtime.
Seeking Damages
Employees can pursue a monetary penalty (up to $300, plus attorneys fees and costs) for each pay period with missing pay stub information. For instance, omitting the employer’s legal address, overtime rate of pay, or pay period start date entitles the employee to seek a monetary penalty for each violating pay period.
Claims for alleged pay stub violations have a one-year statute of limitations, so it’s imperative to act promptly.
Schedule an Initial Consultation
If your employer didn’t provide accurate pay stubs, contact The Law Offices of Kyle K. Lauby for a complimentary consultation.
Reach us online or call us toll-free at 888-888-8888 to schedule a free discussion with our employment law specialists. We may offer contingency fees, meaning you only pay attorney fees if you recover damages.