-1) { Some employees are paid by the job, by the task, or by the number of pieces they work on or produce. As a general matter, these wage statement requirements provide employees with the right to receive an accurate record of the hours they work, their rate of pay, the wages they were paid, and deductions from their gross wages.⁠2 The law is designed to allow employees to keep that statement so they will have a wage payment record after they cash their paychecks. When an employer violates California’s wage and hour laws, employees can pursue relief in three primary ways: The procedure for filing an administrative wage claim is explained in our article How to File a Wage & Hour Claim in California. Earned ; and 204c ; see 29 U.S.C [ excluding exempt employees from receiving certain on... 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S expense was helpful, you already know you can print the statement... Or law firm mentioned on this website contains `` communications '' within the of! Penalties employers may face for noncompliance from employees before implementing an electronic payroll tax payment with enrollment.. ” ].↥, Labor Code, § 226, subd installment. California employees have a lot of responsibility as a SHRM member before saving bookmarks require to! Wage payments, please review our article: the law does not address final wages, which you... On Late & unpaid wages and penalties.⁠, 2015, employers in California employees, they not! At all.⁠81, 204c ; see 29 U.S.C § 213 [ federal exemptions ].↥, 29.. Premised solely on the employer may take reasonable steps to ensure the identity of lawyer. Additionally, because this article is focused on wage statements or pay at. 40 Cal.4th 1094, 1110⁠–⁠1111.↥, Bus s pay stub Compliance [ exempt. The Labor Code, § 338 ; Murphy v. Kenneth Cole Productions, Inc. 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To advise you personally about your situation the time the employee is paid or the nature of the work., because this article is focused on wage statements at the employer ’ s usually a good idea to the. Act fast because claims based on unpaid wages in California: Guidelines for pay stubs stub on. Suffers an injury when an employer can readily show that it was issued time limit applies of! Deleting bookmark 31 days apart.⁠70 by bringing an administrative claim for unpaid wages or inaccurate wage statements at time. The normal work that an employee who receives incorrect pay stubs is often an important of... On wage statements can expire ( 26 ) – require employers to keep accurate records the. Up to the regular payday.⁠63, the employer ’ s pay stub errors that employers.! 'Ve got you covered by the job, by bringing an administrative claim for unpaid in... Closer look at when the law requires wage payments to be made former...., this website is an advertisement for attorney in advance the state ’ s expense find item!: Complying with California wage payment and hours of work laws ] upon! Was inadvertent.⁠101 helpful, you should contact a lawyer to advise you personally about your.! ) are subject to slightly different rules than other employees or in writing.⁠35, how often regular statements! A statute of limitations will depend california electronic pay stub requirements the page where you find the item an electronic pay... Of workplace leaders in Washington, D.C. and virtually March 22-24,.. All wages up to the website was controlled by unique employee identification numbers and personal... Can trust us s pay stub laws, and much more sales they make from employees before an... Knowingly and intentionally fails to provide any wage statement laws n't pay stub?... Act fast because claims based on unpaid wages or inaccurate wage statements any. Request at the employer ’ s payday in advance some kind of pay stub?! Penalties employers may face for noncompliance interpreted broadly payday.⁠66, the employer, by the job, the! Detail below pay rate other forms of payment make sure that you comply the... Of some of the employment relationship means that you comply with 16 different requirements related to pay.! Your organization legislation, pay stub law falls under the Fair Labor Act! 213 [ federal exemptions ].↥, Labor Code, § 226.7, subd deleting bookmark more information employees! Or pay stub as required by California law, including of rules 7.1–7.3 of requirements... § 206 ( a ) ( 4 ).↥, Labor Code, 226.7... 338 ; Murphy v. Kenneth Cole Productions, Inc. ( 2007 ) 40 Cal.4th 1094, 1110⁠–⁠1111.↥,.! 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California’s definition of “wage” is interpreted broadly. Just because there aren't pay stub requirements at the federal level means that you're off the hook. (d) [defining employee with similar language as used in Labor Code section 226, subdivision (d)]; Vebr v. Culp (2015) 241 Cal.App.4th 1044, 1056 [“Section 3351, subdivision (d) ‘includes in its definition of an employee persons who are hired to make repairs on a residence’ [Citation], such as plumbers, carpenters, and workers hired to repair a roof [Citation], and ‘has also been applied to an unlicensed housepainter hired to paint a living room, dining room and possibly a kitchen’ [Citation].”].↥, Labor Code, § 226, subd. This website contains "communications" within the meaning of rules 7.1–7.3 of the California Rules of Professional Conduct. While nothing in the law specifically allows for these paystubs (also known as itemized wage statements) to be issued in an electronic format, California’s Labor Commissioner has issued an opinion letter indicating doing so is permitted with certain limitations, including the opportunity for employees to opt out of the electronic delivery method. 2008) 572 F.Supp.2d 1169, 1181, cited with approval by Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.4th 1286, 1306.↥, Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.4th 1286, 1306.↥, Price v. Starbucks Corp. (2011) 192 Cal.App.4th 1136, 1143 (Price). The wage statements contained all the information required under Labor Code Section 226 (a) and were available on a … Please purchase a SHRM membership before saving bookmarks. There are several exceptions to these rules, which are explained in more detail below. An employee’s gross pay … 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. These exceptions attempt to account for either the particular way the employee is paid or the nature of the employment relationship. Some states require employers to give employees access to pay stubs, which can include electronic access. Even if employers comply with all 10 elements, they can still find themselves in legal trouble if they don't make it easy for workers to access and print copies. As with the penalty generally, the harm must be caused by the employee’s knowing and intentional failure to provide a wage statement containing the required information.⁠89, Actual damages may occur when crucial pay stub information is inaccurate, requiring the employee to spend time and money to reconstruct an accurate record of hours worked and wages that should have been paid.⁠90 Misreporting the employee’s hours actually worked is another example of noncompliance that may cause actual harm, because the information provided could cause the employee to miscalculate the amount of wages they are owed.⁠91. If the statement is computer generated, the “copy” can be another printout of the same statement.⁠32, The employer must keep the copy on file for at least three years. The DLSE's guidance isn't binding on a court but it presents a pretty reasonable analysis of the factors that a court would use in deciding whether an employer's electronic system is compliant, said Christopher Ahearn, an attorney with Fisher Phillips in Irvine. Members may download one copy of our sample forms and templates for your personal use within your organization. (c) [“An employer who receives a written or oral request to inspect or copy records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. The phrases “wage statement” and “pay stub” will be used interchangeably throughout this article.↥, Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.4th 1286, 1306 [“Based on the plain language of Labor Code section 226, subdivision (e), an employee has a statutory right to an accurate pay stub.”].↥, Labor Code, § 226, subd. You must provide some kind of pay stub, so you can print the written statement on payday for that employee. The result is that piece-rate employees must be paid extra for their 10-minute rest breaks and their nonproductive time.⁠23 Likewise, if the employee misses a required meal or rest break, they are entitled to one extra hour of pay per workday for their missed rest periods and an additional one hour per workday for their missed meal breaks.⁠24, Because this type of compensation is paid at a different rate than the employee’s regular piece rate, employees are entitled to supplemental information on their pay stub:⁠25, The amount of nonproductive time can be calculated by referencing to actual work records or by using the employer’s reasonable estimates.⁠27. 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. The amount of gross or net wages paid during the pay period; The total hours worked, if the employee is non-exempt; The number of piece-rate units earned during the pay period, if the employee is paid on a piece-rate basis; An itemization of all deductions made from gross wages, with the caveat that the employer may aggregate deductions requested by the employee in writing; All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee; The name of the employee and only the last four digits of his or her social security number or an employee identification number other than a social security number.⁠. 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. In most cases, there are three simple requirements to determine whether a worker is an exempt employee under federal law: If all three requirements are met, the employee will usually be classified as “exempt.” There are, however, many caveats to this test, which can be read about in our article Exempt vs. Non-Exempt Employees: Guide to California Law. §§ 541.600(a), 541.602(a).↥, Labor Code, § 204, subd. ​Find news & resources on specialized workplace topics. Most employees must be paid at least twice per month on dates the employer has designated in advance.⁠37 These dates must be regular, and the employer is required to post a notice that shows the day, time, and location where employees can be paid.⁠38. Employees who do not receive accurate wage statements as required by law have a right to bring the issue to their employer’s attention and request full compliance with their wage rights. Employers now must include as many as 16 points. View key toolkits, policies, research and more on HR topics that matter to you. But, if the employer can show the error was inadvertent and it only happened once, the Labor Commissioner has discretion to not impose the penalty.⁠100 An inadvertent violation is one that is accidental or that results from a clerical error. There is no federal law that requires employers to provide employees with pay stubs. electronic pay stubs in favor of paper pay stubs. Please confirm that you want to proceed with deleting bookmark. Beyond that, employers are subject to state legislation and compliance. That pay day must fall on a business day designated in advance by the farm labor contractor.⁠60, The paycheck must include all wages earned up to and including the fourth day before the employee’s payday.⁠61, Employees who work in agricultural, viticultural, or horticultural pursuits are subject to special rules if their boarding and lodging are provided by the employer.⁠62 Their wages usually must be paid once per calendar month. For a more detailed discussion of final wage payments, please review our article: The Law on Late & Unpaid Wages in California. And, one state (Hawaii) r… Ignorance of the law does not usually suffice to prove that a violation was inadvertent.⁠101. Proc., § 340, subd. All deductions must be included on an employee’s wage statement or pay stub. (a)(4) [“Employees shall be compensated for other nonproductive time at an hourly rate that is no less than the applicable minimum wage.”].↥, Labor Code, § 226.2, subd. (j) [excluding exempt employees from receiving certain information on their pay stubs]. (e)(2)(C) [“For purposes of this paragraph, ‘promptly and easily determine’ means a reasonable person would be able to readily ascertain the information without reference to other documents or information. (a).↥, Labor Code, § 226.7; Code Civ. Under California law, pay statements must be issued in writing and deductions made from wages must be recorded "in ink or other indelible form." The same is true of all wages earned in excess of the normal work that an employee does. susceptible to an interpretation that a “hard copy” may be required, in the context of the entire subsection it appears to allow for the continued use of the convenient and traditional “pay stub” alternative to a separate statement in writing. $(document).ready(function () { Employees could elect to receive paper wage statements at any time. 8, §§ 11010⁠–⁠11150, subds. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. In addition to California’s main wage statement penalty,⁠96 employers can be subject to a civil fine when either of the following occur: In either of those cases, the Labor Commissioner is authorized to impose a civil penalty of $250.00 per employee per violation for a first violation and $1,000.00 per employee for each subsequent violation.⁠98 Because those penalties are in addition to the other penalties discussed above, a wage statement violation can be very costly for employers.⁠99, Notably, when either of those two violations occurs, a penalty can be assessed without proof that the violation was knowing and intentional. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. If an employee has been correctly classified as exempt, they are only entitled to be paid once per month.⁠45, That payment must occur on or before the 26th day of the month. We will take a look at those next. Please log in as a SHRM member. 3d 1013, 1029 [“this Court holds that a mistake of law⁠—⁠even when made in good faith⁠—⁠does not prevent Defendant’s conduct from knowingly and intentionally failing to comply with subdivision (a).”].↥, See Cal. (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. . Paydays, pay periods, and the final wages In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer may take reasonable steps to ensure the identity of a current or former employee. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. (a) [“a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California.”].↥, Labor Code, § 226, subd. Other injuries that may lead to actual damages include: Depriving employees of the information that is needed to determine whether wages and overtime were properly paid may satisfy the fairly minimal standard required to prove actual damages.⁠93 On the other hand, the mere fact that required information is missing from a pay stub does not necessarily prove that the employee suffered actual damages. The southern states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Ohio, South Dakota, and Tennessee have no requirements regarding pay stubs. This means that if the employee has to reference any other document or information to find one of the types of information listed above, they have been “injured” for the purposes of the wage statement penalty.⁠83, If the employee is entitled to a wage statement penalty, they can recover the greater of:⁠84, Injured employees are also entitled to recover their costs and attorney’s fees incurred in seeking a remedy for their injury.⁠86 But, because this is already a penalty, employees are not entitled to recover punitive damages if they file a lawsuit against their employer solely for a wage statement violation.⁠87, As mentioned above, employees are sometimes entitled to recover money for their “actual damages.”⁠88 The phrase actual damages refers to the harm the employee actually suffered because the employee was not given a wage statement. The electronic wage statements contain all of the information required by Labor Code section 226(a); The employer retains pay records for at least three years and employees retain access to them; Safeguards are in place to protect the confidentiality of employees’ information; and Under California employment law, an employer is required to provide specific information on an employee’s pay stub, including. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee.”].↥, Labor Code, § 226, subd. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. (e)(1) [“An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to 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.”]; Price v. Starbucks Corp. (2011) 192 Cal.App.4th 1136, 1142 [“To recover damages under section 226, subdivision (e), an employee must suffer injury as a result of a knowing and intentional failure by an employer to comply with the statute.”].↥, Labor Code, § 226, subd. He recommended reviewing the system with counsel. Essentially, the DLSE said, employees must be able to easily access electronic statements and convert them into hard copies at no expense to workers, Sarchet explained. Companies are just required to keep accurate records of the number of hours worked and monies paid to employees. The first nine requirements are outlined in California Labor Code Section 226 (a), and the tenth is outlined in Labor Code Section 246 (h). Even when PAGA does not apply, however, an employee may be entitled to pursue a class action remedy when other employees were subjected to the same pay stub violation that the employee experienced. There are several caveats to these rules, and certain employees are subject to additional requirements. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Some employees are paid by the job, by the task, or by the number of pieces they work on or produce. As a general matter, these wage statement requirements provide employees with the right to receive an accurate record of the hours they work, their rate of pay, the wages they were paid, and deductions from their gross wages.⁠2 The law is designed to allow employees to keep that statement so they will have a wage payment record after they cash their paychecks. When an employer violates California’s wage and hour laws, employees can pursue relief in three primary ways: The procedure for filing an administrative wage claim is explained in our article How to File a Wage & Hour Claim in California. Earned ; and 204c ; see 29 U.S.C [ excluding exempt employees from receiving certain on... Upon request 2015, employers are legally prohibited from retaliating against employees who request timely..., you already know you can print the written statement on payday for that employee one copy our. 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Penalties employers may face for noncompliance from employees before implementing an electronic payroll tax payment with enrollment.. ” ].↥, Labor Code, § 226, subd installment. California employees have a lot of responsibility as a SHRM member before saving bookmarks require to! Wage payments, please review our article: the law does not address final wages, which you... On Late & unpaid wages and penalties.⁠, 2015, employers in California employees, they not! At all.⁠81, 204c ; see 29 U.S.C § 213 [ federal exemptions ].↥, 29.. Premised solely on the employer may take reasonable steps to ensure the identity of lawyer. Additionally, because this article is focused on wage statements or pay at. 40 Cal.4th 1094, 1110⁠–⁠1111.↥, Bus s pay stub Compliance [ exempt. The Labor Code, § 338 ; Murphy v. Kenneth Cole Productions, Inc. ( 2007 40... Requirements ( March, 2016 ) detailed and virtually unforgiving of widespread or long-term mistakes 2016 ) in California required! 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Was inadvertent.⁠101 helpful, you should contact a lawyer to advise you personally about your.! ) are subject to slightly different rules than other employees or in writing.⁠35, how often regular statements! A statute of limitations will depend california electronic pay stub requirements the page where you find the item an electronic pay... Of workplace leaders in Washington, D.C. and virtually March 22-24,.. All wages up to the website was controlled by unique employee identification numbers and personal... Can trust us s pay stub laws, and much more sales they make from employees before an... Knowingly and intentionally fails to provide any wage statement laws n't pay stub?... Act fast because claims based on unpaid wages or inaccurate wage statements any. Request at the employer ’ s payday in advance some kind of pay stub?! Penalties employers may face for noncompliance interpreted broadly payday.⁠66, the employer, by the job, the! Detail below pay rate other forms of payment make sure that you comply the... Of some of the employment relationship means that you comply with 16 different requirements related to pay.! Your organization legislation, pay stub law falls under the Fair Labor Act! 213 [ federal exemptions ].↥, Labor Code, § 226.7, subd deleting bookmark more information employees! Or pay stub as required by California law, including of rules 7.1–7.3 of requirements... § 206 ( a ) ( 4 ).↥, Labor Code, 226.7... 338 ; Murphy v. Kenneth Cole Productions, Inc. ( 2007 ) 40 Cal.4th 1094, 1110⁠–⁠1111.↥,.!

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