. CA Labor Code Section 226.2. Employers are not allowed to reduce or deduct from their paychecks due to the strike.73, The Wage Statement Penalty for Missing or Inaccurate Pay Stubs. (a).↥, Labor Code, § 226.7; Code Civ. Consequences for non-compliance varies, but it’s best to avoid a Department of Labor (DOL) audit. Workplace Solutions: California employers, look at your paystubs and make sure they include all elements listed in Labor Code section 226. The statement must be provided regardless of whether the wages are paid by check, in cash, or by direct deposit.4, Wage statements are often included directly above or below a paycheck on perforated paper, so it can be easily detached and stored by the employee. See, California Labor Code §226. Employers should treat the above list as a checklist and review their pay stubs to make sure they contain all of the information required by Labor Code Section 226. Section 226: Penalty for not providing a pay stub. The aforementioned Labor Code § 226 pay stub & wage statement requirements do not apply to two employee groups: California employees with wage statement & pay stub claims have the option of filing their action a the DLSE or in court. (b) [“‘Labor’ includes labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment.”].↥, Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103 [“Courts have recognized that ‘wages’ also include those benefits to which an employee is entitled as a part of his or her compensation, including money, room, board, clothing, vacation pay, and sick pay.”].↥, FICA stands for “Federal Insurance Contributions Act.” These withholdings represent the employee’s contributions to Social Security and Medicare.↥, Labor Code, § 226, subd. § 206(a)(1)(C); 29 C.F.R. It’s usually a good idea to get the opinion of a lawyer before deciding how to proceed. Under California law, every employer must furnish an accurate itemized wage statement when paying wages. Labor Code § 246. $50.00 for the initial pay period in which the violation occurs; $100.00 for each subsequent pay period in which the violation occurs, up to a total of $4,000.00; or. '”].↥, Brewer v. Premier Golf Properties, LP (2008) 168 Cal.App.4th 1243, 1252 [“We are convinced . (a) An employer, semimonthly or at the time of each payment of wages, shall furnish to his or her employee, 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, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except as provided in subdivision (j), (3) the number of piece-rate units earned and any applicable piece rate if … New California Employment Laws for 2016 — Ready or Not, Here They Come. An employee suffering an injury due to an employer’s knowing and intentional failure to comply with California pay stub and wage statement law is entitled to the greater of: Attorney fees are awarded to a prevailing employee. 2006) 435 F.Supp.2d 1042, 1050, where the court found that an inaccurate statement of hours worked and the omission of an hourly rate caused an employee to suffer injury “because (1) the employee might not be paid overtime to which she was entitled and (2) the absence of an hourly rate prevents an employee from challenging the overtime rate paid by [the employer]”]; see also Cicairos v. Summit Logistics, Inc. (2005) 133 Cal.App.4th 949, 960 [reversing summary judgment because wage statements were confusing and “it is not clear that they reflect accurate information”].↥, Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.4th 1286, 1305–1306.↥, Elliot v. Spherion Pac. Independent Contractors vs. Employees: A Guide California Law, The Law on Late & Unpaid Wages in California, Exempt vs. Non-Exempt Employees: Guide to California Law, How to File a Wage & Hour Claim in California. When a pay stub shows regular hours and overtime hours but does not add them to show the employee’s total hours worked, the time an employee needs to spend to add those two numbers together does not constitute “actual damage.”94 The employee’s recovery would be limited to the statutory penalty amounts.95. Not including the information will cost you dearly! Employers that have no such policy and that repeatedly fail to comply with the wage statement law are more likely to be committing knowing and intentional violations.79, The wage statement penalty can only be collected when the employee suffers an injury.80 An employee can “suffer an injury” under two circumstances. 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