I'm attempting to prepare a missing wages claim against my former employer. One of the issues I am having is that the paystubs provided by the company do not break out overtime and double time hours (they are reported in aggregate as "overtime") and benefit pay (for holidays) is aggregated under "regular earnings."

Section 226 subsection (a) of the labor code states that an Employer shall furnish "(9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee."

It's challenging for me to do the accounting to prove any missing wage claim when the information is aggregated. The same labor code section indicates that I can request to copy or inspect the payroll records, but the company is headquartered in Texas. Can this request compel _them_ to make copies and send them to me?

What is the penalty or recourse for them not meeting this labor code?

Thanks in advance.

As set forth in LC 226(e), you may be entitled to recover the greater of a.) your actual damage or b.) $50 for the 1st pay stub reporting violation and $100 for each subsequent violation, up to a maximum of $4,000.

Hmm...

That's interesting since this problem occurs for thousands of employees in the company AND I reported it internally months ago.

Yes, your former employer should make access available to your personnel file regardless of their location. If you worked in California, they must follow California's laws.

A little known labor code rule in California mandates that out of state employers must provide a bank on the front of the check of the employee so that they may deposit the check locally without waiting. This is of course if there is no direct deposit.

I'm attempting to prepare a missing wages claim against my former employer. One of the issues I am having is that the paystubs provided by the company do not break out overtime and double time hours (they are reported in aggregate as "overtime") and benefit pay (for holidays) is aggregated under "regular earnings."

Section 226 subsection (a) of the labor code states that an Employer shall furnish "(9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee."

It's challenging for me to do the accounting to prove any missing wage claim when the information is aggregated. The same labor code section indicates that I can request to copy or inspect the payroll records, but the company is headquartered in Texas. Can this request compel _them_ to make copies and send them to me?

What is the penalty or recourse for them not meeting this labor code?

Thanks in advance.