California has many rules surrounding payroll practices. To ensure your rights have not been violated, let’s look at the different laws your employer must adhere to. In California, employers must pay their employees twice every calendar month on days that were pre-designated as pay days. Wages earned between the 1st and the 15th of the month must be paid no later than the 26th, and wages earned between the 16th and the end of the month must be paid by the 10th of the following month. Overtime must be paid not later than the payday after the current payroll period the overtime hours were accumulated in. In California, overtime is 1.5 times a worker’s regular par rate and is earned when an employee works over 8 hours in one day or over 40 hours in a work week. If the manner in which you are paid by your employer does not meet these standards, you need to speak with one of our payroll attorneys at California Labor Law Employment Attorneys Group who can help you file a lawsuit against them.
Employees must keep accurate reports of their work hours
There are several different ways California employers may keep track of time worked by employees. They can track it electronically or with pen and paper. If it is on paper it must be in the English language, indelible, meaning it cannot be erased, and in ink. Regardless of how an employer keeps track of hours worked, they must keep payroll records for every employee and must provide these upon request. An employer is obligated to keep record of an employer’s wages for up to 3 years in the place of employment or a central place in the state of California. Current and former employees are allowed to request this information orally or in writing, but the employer can charge them for any necessary expenses to obtain records. An employer has 21 days after your request to supply your records. If the employer fails to do so, a civil action may recover $750 from your employer as penalty. If you were not provided the information you requested or it took longer than 21 days, our lawyers can help you pursue a legal charge.
Employers also must provide a pay stub or itemized wage statement for every paycheck. California Labor Code 226(a) requires employers to have a detachable or separate part of the check that is marked with the employee’s name last four digits or their social security number or employee identification number. The pay stub must also include gross wages earned, total hours worked, the number of piece units earned, all deductions, net wages earned, inclusive dates of the pay period, name and address of the employer, and all applicable hours rates. Make sure you have access to your paystubs and they include all this information, otherwise your employer may be violating the law and conducting illegal payroll practices. Our payroll attorneys would like to help you take action against them.
What are California wage laws?
California defines wages as payment for labor performed by an employee. This includes hourly pay, a fixed salary, commissions, piece-rate payments, payments that vary by project or task, and benefits included in an employee’s compensations like room, board, and vacation. While deductions are required to be listed on the pay stub, they may vary by job. A few examples of deductions that may apply to an employee’s pay check are federal income taxes, state income taxes, FICA taxes, state disability insurance, health insurance, and retirement contributions. These paystubs must be provided twice a month or each time an employer pays wages. Make sure you are accurately receiving your paystubs; or else your employer may be unlawfully documenting your wages.
Some employers use time cards to keep track of the hours worked by an employee. If you use time cards and happened to turn in a time card late, the employer still is obligated to pay the employee on time based on the knowledge the have of the number of hours you worked. If you were deprived of your paycheck or did not receive it on time because of turning your time card in late, your employer acted illegally. If a pay day falls on a holiday, you must be paid on the following business day. Make sure you are getting your pay check by this time; otherwise you may need to consult one of our payroll attorneys.
Can I sue my employer for a false pay stub?
In the situation of an inaccurate wage statement or pay stub issued by your employer or if your employer fails to provide one at all, you might be eligible to collect a penalty. Your situation must meet two requirements: the employer intentionally failed to provide a pay stub and you suffered an injury from this action. It’s ruled that an employer automatically suffers and injury when an employer knowingly and intentionally fails to provide a wage statement or pay stub. Another form of injury is suffered by the employee if the employer deletes or misstates the amount of gross net wages, total hours worked, number of piece-rate units earned, an itemization of deductions, the pay period dates, all applicable hourly rates, the employer’s name and address, or the name of the employee and the last 4 digits of their social security number. If the employee has to reference another document in order to obtain the missing or false information, this counts as an injury. If this has happened to you, possible damages recovered are $50 for the initial pay period that the violation occurred in, $100 for any subsequent violation for up to $4,000, or the employee’s actual damages such as the time and money you spent obtaining the accurate information. If you choose to file a lawsuit against your employer, you are not entitled to punitive damages, but you may receive compensation for attorney’s and court fees.
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You work hard at your job every day; do not let employers take advantage of your hard work by not complying with California Labor Code. By knowing your rights and understanding what you’re entitled to, you can gain a little more control over your work life. Maybe your employers snubbed you, but we won’t. That’s why we offer a free consultation where you can discuss your case with one of our payroll attorneys. Our zero-fee guarantee also promises that we will not charge you anything unless we win your case. Money should not be a factor in enacting your rights as an employee. Seek redemption from unlawfully employers today by picking up the phone or coming in to our office today.