In the state of California, paystub violations are treated very seriously. Lauby, Mankin & Lauby LLP can help you if you believe your employer failed to meet the strict requirements set forth by local labor code.
A pay stub must provide an employee with specific categories of information to ensure the employee can accurately identify the employer and pay information. If your employer does or did not accurately do so, you may be entitled to legal damages, and our team of experts in employment and labor law is here to help you.
Per California law, employers are required to make nine essential pieces of information available to employees in the form of a detachable pay stub, or itemized statement, every time an employee receives his/her wages.
Specifically, the pay stub must include EVERY ONE of the following items stated and shown on the sample pay stubs below, or 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 the employee is paid on a piece rate basis
- All deductions (all deductions made on written orders of the employee may be aggregated and shown as one item)
- Net wages earned
- Start date and end date of the pay period
- The name of the employee and the last four digits of his or her social security number or an employee identification number other than a social security 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 (Regular Hourly Rate, Overtime Rate, Double Overtime Rate, and every other rate must be SEPARATELY LISTED and all hourly pay must be identified separately from piece rates for time spent waiting or performing work not paid at piece rates.)
Sample Pay Stubs
Example of a Proper Pay Stub for an Hourly Employee in California
Example of a Proper Pay Stub for an Employee in California Paid on a Piece Rate Basis
When it comes to deductions on a pay stub, they must be recorded in permanent ink, or some other ineditable form. California law requires that this information be properly dated as well, clearly showing the month, day and year of issuance.
A copy of all this information must be kept on file for no less than three years by the employer.
What’s more, if you’ve asked an employer to review your payment records, California law requires that they make those available to you within 21 days. Failure by an employer to do so- whether its current or former employee making the request- can mean a $750 penalty for them.
Employers who do not keep accurate and proper records of pay stubs will have a very difficult time proving just how much they’ve paid employees- especially when it comes to overtime.
Seeking Damages
An employee may seek a monetary penalty (up to $300, plus attorneys fees and costs) for each pay period in which his/her pay stub does not include all required categories of information. For example, simply failing to include the employer’s legal address or overtime rate of pay or starting date of a pay period entitles the employee to seek the monetary penalty for each pay period in which violation occurs.
Claims related to alleged pay stub violations only have a one-year statute of limitations, so contact our Southern California attorneys quickly for a free evaluation of your pay stubs as to your current or former employer.
Schedule an Initial Consultation
If you have been employed by an entity that did not provide you with proper pay stubs, contact Lauby, Mankin & Lauby LLP for a no-cost consultation.
You can reach us online or call our toll free phone number at 888-959-8508 to schedule a free discussion with our employment law experts. We may offer contingency fees, so you may not pay attorney fees unless you have recovered damages.