California Labor Code Section 226 requires employers to provide accurate itemized wage statements on a semi-monthly basis or at the time an employee is paid wages. Often lay period refer to wage statements as “paycheck stubs.” However, wage statements must comply with Section 226 by listing various employment information and payment details.
Mandatory Information That Must Be Included On Wage Statements
The following information is required to be included on all wage statements provided to employees in California:
1) Gross wages earned;
2) total hours worked by the employee with exceptions;
3) the number of piece-rate units earned and any applicable piece rate if paid by piece-rate;
4) all deductions;
5) net wages earned;
6) the pay period dates for which the employee is paid;
7) the name of the employee and the last four digits of his or her social security number or an employee identification number;
8) the name and address of the legal entity that is the employer; and
9) all applicable hourly rates during the pay period and corresponding number of hours worked at each hourly rate.
Damages for Non-Compliance
An employee suffering injury caused by an employer’s “knowing and intentional” failure to provide a wage statement in compliance with Labor Code Section 226 as set forth above is entitled to recover the greater of all actual damages or fifty dollars ($50) for the first pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation occurring in a subsequent pay period, not to exceed an aggregate amount of four thousand dollars ($4,000). An employee is also entitled to recover attorneys’ fees incurred in connection with commencing an action for violation of Labor Code Section 226.
Contact an Experienced Employment Law Lawyer in Los Angeles
If you are receiving wage statements that fail to comply with Labor Code Section 226, you should contact an experienced employment law lawyer to discuss the case. The Law Offices employs experienced employment law lawyers in Los Angeles to assist employees who are not provided accurate and itemized wage statements. Contact our firm today for your free consultation.
