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What Can I Do if My Employer Does Not Give Me Accurate Paycheck Stubs or Paystubs?
Every California employer must provide an accurate itemized account in writing to their nonexempt employees semimonthly or at the time of each payment of wages, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash. This writing is also known as a paystub, and must contain 10 areas of information.
Paystubs must include the following information:
- Gross wages earned;
- Total hours worked;
- The number of piece rate units earned and any applicable piece rate whenever an employee is being paid on a piecework basis (and commissioned employees, i.e., commission rate and amount of sales).
- All deductions provided that all deductions made on the written orders of the employee may be aggregated and shown as one item;
- Net wages earned;
- The inclusive dates of the period for which the employee is paid;
- The name and only the last four digits of the social security number or employee identification number;
- The name and address of the legal entity which is the Employer
- All applicable hourly rates of pay and the corresponding number of hours an employee worked at each rate during the pay period
- The amount of paid sick leave available or paid time off leave an employer provides in lieu of sick leave.
What if I My Employer Does Not Give Me Any Paycheck Stubs or if the Stubs Do Not Contain All 10 Areas of Information?
Damages may be recovered by an Employee who suffers injury as a result of an Employer’s knowing and intentional failure to comply with paystub content requirements. An employee is deemed to have suffered injury if no pay stub was provided or the stub fails to provide accurate and complete information as required by law. An injured Employee is entitled by law to sue and 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, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney’s fees.
This means that an Employee who is not issued a proper paycheck stub has the right to file a lawsuit against their Employer, and it is the responsibility of the Employer to pay for not only the greater of the damages or the $4,000 penalty to the Employee, but also to pay for the Employee’s attorney’s fees and costs in bringing the lawsuit against them.
How Can a Lawyer Help Me Get My Paycheck Stub Damages or Penalties From My Employer?
Los Angeles Employment Attorney Thomas M. Lee has helped many clients over the past 22 years of his practice obtain not only their paycheck stub penalties but also their unpaid final paycheck, unpaid overtime wages, unpaid minimum wages, meal break penalties, and the 30-day wage penalty. Generally, a lawsuit for unpaid penalties must be filed within 1 year from when they are incurred. Call Thomas M. Lee at 213-251-5533 for a free legal consultation today.
Please note that the information provided on this website is for general information purposes only and is not to be construed nor relied upon as legal advice nor the formation of an attorney-client relationship. For a free consultation with Attorney Thomas M. Lee, please contact us.
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