{"id":9536,"date":"2019-02-27T17:14:10","date_gmt":"2019-02-27T17:14:10","guid":{"rendered":"https:\/\/www.losangelesemploymentattorney.org\/?page_id=9536"},"modified":"2025-12-11T20:30:37","modified_gmt":"2025-12-11T20:30:37","slug":"abogado-de-nomina-2","status":"publish","type":"page","link":"https:\/\/www.losangelesemploymentattorney.org\/es\/practice-areas\/wage-work-overtime-lawyer\/payroll-attorney\/","title":{"rendered":"Abogado de N\u00f3mina"},"content":{"rendered":"

\"Payroll<\/a><\/p>\n

Payroll practices in California are governed by many rules that protect you from being taken advantage of by your employer. In this article, we will take a look at various regulations that your employer must comply with when it comes to your wages.<\/p>\n

For example, the state of California requires that employers pay their workers at least twice a month on pre-designated pay days. If wages are earned between the 1calle<\/sup> and 15th<\/sup> of the month, the employee must receive them no later than the 26th<\/sup> of the same month. For wages earned between the 16th<\/sup> and last day of the month, payment must be made no later than the 10th<\/sup> of the following month.<\/p>\n

If the worker is entitled to overtime, it must be paid no later than the payday after the current payroll period in which the hours were accumulated. Per the laws in California, overtime is calculated as 1.5 times the worker\u2019s regular rate of pay. Overtime rates apply when you work more than 8 hours in one day or more than 40 hours in a 7 day work week. If your employer does not comply with these regulations, you should talk to a payroll violation attorney right away, who can help you explore the available legal options.<\/p>\n

Keeping Records of Your Work Hours<\/h2>\n

California employers are required to keep accurate records of the hours worked by each and every employee, which they can do electronically or on paper. No matter which method is used, payroll records must be made available to any employee upon request. Employers must keep payroll records on their employees for up to 3 years at the worksite or at another location within the state of California. Both current and former employees can ask for a copy of this information, and the employer is allowed to charge a reasonable fee, like the cost of copying and mailing the records.<\/p>\n

You must give your employer enough time to supply the needed information, which is up to 21 days in California. If your employer fails to provide payroll records you requested within this timeframe, you can file a civil action and receive compensation from your employer. An employment rights attorney at our office can explain the process to you and help you pursue a claim against your employer.<\/p>\n

Employers also have a duty to provide a pay stub or some form of itemized statement of your wages for each pay day. Under California Labor Code 226(a), there must be a separate portion of the check with information, like the employee\u2019s name, last four digits of the SSN or the employee ID number. This section of the pay stub must also have information about the employee\u2019s wages, like total worked hours, all state and federal deductions, total of net wages, and the dates of the pay period.<\/p>\n

What are the Wage Laws in California?<\/h2>\n

According to the labor laws in California, wages are defined as payment for any sort of labor \/ service performed by an employee. Most wages are based on an hourly pay rate or fixed salary, but you can also earn wages in the form of piece-rate payments and commissions. Job-related benefits, like Paid Time Off (PTO) also count as wages, as they translate to a form of compensation.<\/p>\n

Employers must also itemize deductions for each paycheck, which typically include federal income taxes, state taxes, state disability insurance, FICA, retirement contributions, and health insurance. Depending on your employer and what you do for a living, certain deductions may not apply to your situation. The key is to provide accurate records of whatever deductions were made on behalf of the employee. This information must accompany a paycheck or direct deposit statement, meaning it should be given to you at least twice a month.<\/p>\n

At some places, time cards may be used to keep track of the employee\u2019s hours. If you turn in a time card late, the employer cannot use this as an excuse to avoid paying you on time. They must still pay you based on the knowledge of the hours you worked; otherwise, they are committing a legal violation according to the payroll regulations in California. In the event your pay date falls on a holiday, you must also receive your pay no later than the next business day.<\/p>\n

Can I Sue for A Pay Stub with False Information?<\/h2>\n

Yes, you can take legal action against an employer who has provided you with inaccurate wage statements or fails to give you a pay stub with the required information. In order to file a payroll violation claim, you must prove:<\/p>\n