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paystub delivery requirement for direct deposit California

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  • paystub delivery requirement for direct deposit California

    our company paydays are every other thursday. if I'm understanding the text below, we have 7 calendar days from the last day worked in the pay period to pay staff. We always pay on time, in fact most of staff is on direct deposit so they get paid the night before payday at midnight, but what I'm trying to determine is when paystubs have to be delivered by. We mail them the day before pay day but the mail service sometimes delivers them a few days after payday. I'm talking paystubs, not paychecks. Thanks for any help.

    "...Other payroll periods such as weekly, biweekly (every two weeks) or

    semimonthly (twice per month) when the earning period is something other

    than between the 1st and 15th, and 16th and last day of the month, must be

    paid within seven calendar days of the end of the payroll period within

    which the wages were earned. Labor Code Section 204..."

  • #2
    Problem is this. There is clear language on the requirements to provide paystubs and the failure to do so. There is no clear language on paystubs being provided late. I am far from sure that this is a real issue. The only party who can make it a real issue would be CA-DLSE.

    Labor Code 226.3 Penalties For Failure To Provide Wage Statement:
    Any employer who violates subdivision (a) of Section 226 shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250) per employee per violation in an initial citation and one thousand dollars ($1,000) per employee for each violation in a subsequent citation, for which the employer fails to provide the employee a wage deduction statement or fails to keep the records required in subdivision (a) of Section 226. The civil penalties provided for in this section are in addition to any other penalty provided by law. In enforcing this section, the Labor Commissioner shall take into consideration whether the violation was inadvertent, and in his or her discretion, may decide not to penalize an employer for a first violation when that violation was due to a clerical error or inadvertent mistake.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)