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DLSE disregarded the fact that employer never gave paystubs? California

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  • DLSE disregarded the fact that employer never gave paystubs? California

    I filed a complaint against my former employer in April 2010, the hearing was in Sept. 2010. I FINALLY received the Decision this afternoon, and my boss was NOT penalized for never giving me paystubs (during my 5+ years of employment.)
    Pursuant to Labor Code Section 226(a), "every time you are paid your wages, whether by check, in cash, or otherwise, you must be given a detachable part of the check or a separate writing showing required information." Failure to provide paystubs is $50 per paycheck, up to $4,000...
    Is it common for the Labor Comissioner to not fine employers for labor code violations? And if so, what is the purpose of these laws?!
    I called our local office and was told that a separate agency handles violations (Turns out it is the Comissioner, in the SAME office) and that the statute of limitations may have expired.
    Has anyone else experienced such substandard service with this agency?!

  • #2
    When was your last day of employment? Thanks.
    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.

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    • #3
      I note that the exact wording of the law is a bit more nuanced then the question implies.

      CLC 226
      (b) Any employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) shall be 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 exceeding an aggregate penalty of four thousand dollars ($4,000), and shall be entitled to an award of costs and reasonable attorney’s fees.
      CLC 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)

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