California employment law has various requirements as to what information must be included on an employee’s pay stub. A wage statement must accurately represent the number of hours an employee worked along with their pay rate and any deductions taken during the pay period. If any information is inaccurate or left out, an employer may face penalties for pay stub violations under California law.
What Are Pay Stub Violations?
An employer violates California labor laws by not providing a pay stub/wage statement with an employee’s regular pay. Several types of information are required, whether an employee is paid by check, in cash, or by direct deposit. If any details are willfully left out, incomplete, or inaccurate, an employee may be entitled to seek legal damages. California has one of the strictest payroll laws in the nation. While the Fair Labor Standards Act doesn’t include a pay stub requirement, it does require employers to keep records of work hours and wages paid.
What Information Is Required to Be on a Paystub?
According to California labor laws, the following details must be provided to meet minimum requirements.
- Payment period: The start and end dates of the pay period must be clearly stated.
- Gross wages: The total pay to an employee before any deductions.
- Total hours worked: The total number of hours worked must be included, unless the employee is compensated on a salary or is classified as “exempt” under California wage and hour law.
- All deductions: Must be itemized on a separate section of the pay stub, and can include federal, state, and local income taxes, Social Security/Medicare taxes, health insurance, and retirement contributions.
- Net wages: Gross pay after permittable deductions are subtracted, otherwise known as take-home pay.
- Applicable hourly rates: The hourly rates in effect during the pay period, and the number of hours worked at each rate (if the employee’s hourly rates varied), must be listed.
- Employee name: An employee’s full name must be provided on any pay stub.
- Last 4 Digits of Employee Social Security Number: A workers’ employee ID number may be provided as an alternative.
- Employer’s name and physical address: The wage statement must state the legal name of the employer and its address. In the case of farm labor contractors, the document must include the name/address of the legal entity that secured an employer’s services.
Pursuing a Legal Claim for Employer Pay Stub Violations
If your pay stub has missing or incorrect information, your employer may have violated California labor laws. It is then possible to file a lawsuit against your employer. However, the law also gives companies room to correct errors, such as pay period dates, names, and addresses. Correcting a mistake can avoid penalties. But if the employer failed to provide a wage statement or correct any inaccurate or incomplete information, you may be entitled to damages.
Under state employment law, violations may result in penalties against an employer and compensation to workers for attorney’s fees, court costs, and any injury an employee suffers due to non-compliance. If there are multiple violations, an employer is liable for the initial and each subsequent violation. There are also statutes in place to address when pay stub laws for multiple employees are violated, which can lead to a class action lawsuit.
Contact Lawyers for Justice
If you have experienced pay stub violations at work, contact us to speak to our wage and hour violation attorney. Lawyers for Justice, PC serves all of Southern California and is conveniently located in Glendale. Our knowledge of California employment law empowers us to help assess your situation, build a claim, and obtain the compensation you deserve. To speak to a wage and hour lawyer in Los Angeles, call 818-587-8423 and receive your free consultation.