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  • Wage question

    I am in the same predicament and after winning my labor board cases for payroll records, personnel records and unpaid wages the labor board suggested I take my pay stub claim to small claims court as the labor board doesn't pursue those cases.
    Just wondering if anybody had any information regarding pay stub penalties as this question has never been answered. hmmm
    Any help or information on this would be greatly appreciated.
    Last edited by patrickfraser; 03-22-2015, 04:12 AM.

  • #2
    "hmmm"?

    There are no California attorneys among the volunteers who respond to questions on these boards, and the question very specific to California case law. You may need to discuss your situation with a Calinfornia attorney to see what options are available.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      Patrick should have started his own new thread - added to another poster's thread from 2013. I will start a new thread.

      (was attached to a Ca. thread)
      Last edited by Betty3; 03-22-2015, 07:01 AM.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        I think we need a little more specific information. Did the labor board give you a specific amount that the employer owes you? Did they actually agree that you are owed some money? Or just tell you they wouldn't enforce the claim and you would need to go to small claims to try to get anything?

        I am not exactly sure what you mean by "pay stub claim".

        Comment


        • #5
          I never received a paystub at time of pay (paid by direct deposit) from March until November when I left the employment. I believe the penalty would be $3850 ($50 for 1st violation and $100 for the next 38) I was paid weekly by direct deposit and I was never forwarded paystubs as they were received from an outside payroll company. The accountant was required to distribute them as they were received. I never had a problem with paystubs until they switched over to direct deposit in March. I had always received the stub attached to my paycheck.

          The basis for the claim is CA Labor code 226:

          226. Itemized statement to employees; Contents; Damages; Exemptions

          (a) Every employer shall, semimonthly or at the time of each payment of wages, furnish each of his or
          her employees, either as a detachable part of the check, draft, or voucher paying the employee's wages
          , or
          separately when wages are paid by personal check or cash, an accurate itemized statement in writing showing
          (1) gross wages earned, (2) total hours worked by the employee, except for any employee whose compensation
          is solely based on a salary and who is exempt from payment of overtime under subdivision (a) of Section 515
          or any applicable order of the Industrial Welfare Commission, (3) the number of piece-rate units earned and any
          applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions
          made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the
          inclusive dates of the period for which the employee is paid, (7) 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, (8) the name and address of the legal entity that is the employer, and if the employer is a farm labor
          contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured
          the services of the employer, and (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 and, beginning July 1, 2013, if the
          employer is a temporary services employer as defined in Section 201.3, the rate of pay and the total hours
          worked for each temporary services assignment. The deductions made from payments of wages shall be
          recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the
          statement or a 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. For purposes of this subdivision,"copy"
          includes a duplicate of the itemized statement provided to an employee or a computer-generated record that
          accurately shows all of the information required by this subdivision.
          (b) An employer that is required by this code or any regulation adopted pursuant to this code to keep
          the information required by subdivision (a) shall afford current and former employees the right to inspect or
          copy records pertaining to their employment, upon reasonable request to the employer. The employer may take Rev. October 2013 17
          reasonable steps to ensure the identity of a current or former employee. If the employer provides copies of the
          records, the actual cost of reproduction may be charged to the current or former employee.
          (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. A violation of this subdivision is an infraction.
          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. An employer may designate the person to
          whom a request under this subdivision will be made.
          (d) This section does not apply to any employer of any person employed by the owner or occupant of a
          residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including
          the care and supervision of children, or whose duties are personal and not in the course of the trade, business,
          profession, or occupation of the owner or occupant.
          (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.
          (2) (A) An employee is deemed to suffer injury for purposes of their subdivision if the employer fails
          to provide a wage statement.

          (B) An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to
          provide accurate and complete information as required by any one or more of items (1) to (9), inclusive, of
          subdivision (a) and the employee cannot promptly and easily determine from the wage statement alone one or
          more of the following:
          (i) The amount of the gross wages or net wages paid to the employee during the pay period or any of
          the other information required to be provided on the itemized wage statement pursuant to items (2) to (4),
          inclusive, (6), and (9) of subdivision (a).
          (ii) Which deductions the employer made from gross wages to determine the net wages paid to the
          employee during the pay period. Nothing in this subdivision alters the ability of the employer to aggregate
          deductions consistent with the requirements of item (4) of subdivision (a).
          (iii) The name and address of the employer and, if the employer is a farm labor contractor, as defined
          in subdivision (b) of Section1682, the name and address of the legal entity that secured the services of the
          employer during the pay period.
          (iv) 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.
          (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.
          (3) For purposes of this subdivision, a "knowing and intentional failure" does not include an isolated
          and unintentional payroll error due to a clerical or inadvertent mistake. In reviewing for compliance with this
          section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has
          adopted and is in compliance with a set of policies, procedures, and practices that fully comply with this section.
          (f) A failure by an employer to permit a current or former employee to inspect or copy records within
          the time set forth in subdivision (c) entitles the current or former employee or the Labor Commissioner to
          recover a seven-hundred-fifty-dollar ($750) penalty from the employer.
          (g) The listing by an employer of the name and address of the legal entity that secured the services of
          the employer in the itemized statement required by subdivision (a) shall not create any liability on the part of
          that legal entity.
          (h) An employee may also bring an action for injunctive relief to ensure compliance with this section,
          and is entitled to an award of costs and reasonable attorney's fees.
          (i) This section does not apply to the state, to any city, county, city and county, district, or to any other
          governmental entity, except that if the state or a city, county, city and county, district, or other governmental
          entity furnishes its employees with a check, draft, or voucher paying the employee's wages, the state or a city, Rev. October 2013 18
          county, city and county, district, or other governmental entity shall use an employee identification number other
          than the social security number on the itemized statement provided with the check, draft, or voucher. voucher.
          Last edited by patrickfraser; 03-23-2015, 04:32 AM.

          Comment


          • #6
            Did you ask each payroll period for a paystub? Did they refuse to provide it? Or did you wait those months until you filed the claim? I am not sure you can prove knowing and intentional if you never asked for one. I have quite a few DD employees who never pick up a stub even though they are available and in the end we shred them every few months when we have a good stack of them. So if the employer had a policy on where to go to get them each pay period, I am not sure you can say it was knowing and intentional to not get it to you if you didn't pick it up but it was available. I don't know if the employer is required to mail them to you if they have a pickup policy. They do have to keep them on file to give you if you ask though.

            However, I am not in CA. I am hoping DAW will pop on since he has much more experience in CA payroll.

            Comment


            • #7
              I did ask for my pay stubs but they were never forwarded to me once received from the payroll service. I only have proof of requests beginning in September of 2014. They would not give me copies of my timesheets or my paystubs, so I filed my claim for payroll records in November 2014. I received some records which were not made complete until February 13, 2014 (including a payroll audit) after I quit the employment on November 28, 2014.
              The labor hearing for payroll records was in December and I won that claim ($750 + 10 1/2 hours of unpaid overtime at 1/2 time as regular hours were supposedly already paid )based on my email requests dating back to September 2014 and using the incomplete information received prior to the December hearing.
              The last labor hearing was for personnel records not being provided was a little over a week ago. I won the personnel file portion and was awarded $750 using the same emails used for the payroll records. I have further claimed unearned wages after the employer completed a full payroll audit and found I was not paid for a total of 9 hours. I could have figured this out in September if my requests for payroll records were complied with.
              None of this would have ended up at the labor board if the employer obeyed the law and provided the information when requested.
              I also don't think it is my responsibility to hunt down information that is supposed to be provided to me.
              Last edited by patrickfraser; 03-23-2015, 04:36 AM.

              Comment

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