Specifically, piece-rate employees are entitled to be paid at least minimum wage for the following activities:⁠17, Nonproductive time is the time spent by piece-rate employees where they are working under the employer’s control, but are engaged in an activity that isn’t directly related to their compensation.⁠20. In a commission-based arrangement, the size of the employee’s compensation depends on the amount or value of the thing that was sold.⁠50, Commissions from sales are a type of wage.⁠51 They are not owed to the employee, however, until they have been fully “earned.”⁠52, The conditions that must occur before a commission is earned are defined by the terms of the commission agreement.⁠53 Once those conditions have been fulfilled, the commission is considered a wage and the employer is legally-obligated to pay it the same way they would any other wage.⁠54, As such, earned commissions are subject to the same rules as regular wages: most commissions must be paid, in full, at least twice per month on dates the employer has designated in advance, unless an exception applies.⁠55. These types of workers are called piece-rate employees. (a); Sciborski v. Pacific Bell Directory (2012) 205 Cal.App.4th 1152, 1166 [“[S]ales commissions are considered ‘wages. This time limit applies regardless of whether the request is oral or in writing.⁠35, How Often Regular Wage Statements Must Be Provided. Going Paperless in California: Guidelines for Pay Stub Compliance. But, … Second, an employee suffers an injury when an employer provides a wage statement but omits or misstates at least one of the following types of information: Importantly, to qualify as “injured,” for these purposes, the employee must be unable to promptly and easily ascertain the missing information from the wage statement alone. A California employment attorney can help the employee identify and pursue all appropriate remedies when an employer violates California’s pay stub law. This means that if the employee has to reference any other document or information to find one of the types of information listed above, they have been “injured” for the purposes of the wage statement penalty.⁠83, If the employee is entitled to a wage statement penalty, they can recover the greater of:⁠84, Injured employees are also entitled to recover their costs and attorney’s fees incurred in seeking a remedy for their injury.⁠86 But, because this is already a penalty, employees are not entitled to recover punitive damages if they file a lawsuit against their employer solely for a wage statement violation.⁠87, As mentioned above, employees are sometimes entitled to recover money for their “actual damages.”⁠88 The phrase actual damages refers to the harm the employee actually suffered because the employee was not given a wage statement. The first nine requirements are outlined in California Labor Code Section 226 (a), and the tenth is outlined in Labor Code Section 246 (h). Our consultations are free and confidential. In addition to California’s main wage statement penalty,⁠96 employers can be subject to a civil fine when either of the following occur: In either of those cases, the Labor Commissioner is authorized to impose a civil penalty of $250.00 per employee per violation for a first violation and $1,000.00 per employee for each subsequent violation.⁠98 Because those penalties are in addition to the other penalties discussed above, a wage statement violation can be very costly for employers.⁠99, Notably, when either of those two violations occurs, a penalty can be assessed without proof that the violation was knowing and intentional. nine specific items on pay stubs, and the Healthy Workplace Healthy Family Act added paid-sick-leave accruals to the list. Whatever your pay stub needs might be, we've got you covered. Companies are just required to keep accurate records of the number of hours worked and monies paid to employees. The pros and cons of wage claims and civil lawsuits are also discussed in that article. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee.”].↥, Labor Code, § 226, subd. California law allows employees to collect a penalty from employers for inaccurate or missing wage statements when two facts are true: Both of these facts have specific legal meanings, which we will take a closer look at next. California law requires employers to keep a copy of employee wage statements statement. Wage statements must be provided at least semimonthly (twice a month) or each time the employer pays wages.⁠36 Most employers find it easier to provide the pay stub with each wage payment. 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. If an employer leaves out certain information or includes incorrect information, they may be in violation of California labor laws and subject to a statutory penalty. If the employee requests a copy, employers can charge the employee the reasonable cost of providing it.⁠34, Employers must respond to a current or former employee’s request to inspect and copy wage statements as soon as possible, but no later than 21 days after that request is made. An employer can face a fine of $50 for the first pay period in which it fails to provide an employee with the proper information – and $100 per employee per pay period for each violation in subsequent pay periods, up to $4,000. Employers are legally prohibited from retaliating against employees who request the timely payment of their wages.⁠112. Employers, of course, can choose to pay wages more frequently. An employer may designate the person to whom a request under this subdivision will be made.”].↥, Labor Code, § 204, subd. Up until July 1, 2015, this state required nine possible items that must be listed. Just because there aren't pay stub requirements at the federal level means that you're off the hook. . Other injuries that may lead to actual damages include: Depriving employees of the information that is needed to determine whether wages and overtime were properly paid may satisfy the fairly minimal standard required to prove actual damages.⁠93 On the other hand, the mere fact that required information is missing from a pay stub does not necessarily prove that the employee suffered actual damages. There are ten specific items that must be provided to employees with each paycheck. Most car salespeople earn a commission for the sales they make. 8, § 13520, subd. (a) [“all deductions made on written orders of the employee may be aggregated and shown as one item”].↥, This information must be given in addition to the itemized information described in Chapter 1.↥, Labor Code, § 226.2, subd. If you any attorneys or law firms mentioned on this website, you are initiating a professional relationship with us within the meaning of rule 7.3, subdivision (a)(2), of the California Rules of Professional Conduct. It can also be given to employees as a separate document.⁠5, At a minimum, a wage statement or pay stub must include all of the following information (if applicable):⁠6. In many cases, it is important to act fast because claims based on unpaid wages or inaccurate wage statements can expire. Let SHRM Education guide your way. 2008) 572 F.Supp.2d 1169, 1181, cited with approval by Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.4th 1286, 1306.↥, Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.4th 1286, 1306.↥, Price v. Starbucks Corp. (2011) 192 Cal.App.4th 1136, 1143 (Price). '”].↥, Labor Code, § 226, subd. A knowing and intentional failure is one that cannot be excused by a good faith mistake of law or fact on the part of the employer.⁠75 To rely on a mistake of law, the employer must be able show that the legal requirements of the statute were unclear or unsettled.⁠76 To rely on a mistake of fact, the employer’s actions must have been reasonable at the time and supported by some evidence.⁠77. (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.”].↥, Heritage Residential Care, Inc. v. Division of Labor Standards Enforcement (2011) 192 Cal.App.4th 75, 87⁠–⁠88.↥, Heritage Residential Care, Inc. v. Division of Labor Standards Enforcement (2011) 192 Cal.App.4th 75, 88 [“This is not a case where the legal requirements of the statute were unclear or unsettled.”]; but see Novoa v. Charter Communs., LLC (E.D.Cal. By resolving the dispute informally with the employer, By bringing an administrative claim for unpaid wages and penalties.⁠. A few states require employers to give employees the opportunity to opt out of electronic pay stubs, meaning employees can choose paper pay stubs. Please enable scripts and reload this page. Employers should follow recommendations from the state’s enforcement division. Under California employment law, an employer is required to provide specific information on an employee’s pay stub, including. You may be trying to access this site from a secured browser on the server. Access to the website was controlled by unique employee identification numbers and confidential personal identification numbers. The types of deductions can vary, depending on the employee’s specific situation, but they commonly include: When deductions have been requested by the employee in writing, they can be added together and shown as a single item.⁠14, Additional Rules for Certain Types of Employees. Please purchase a SHRM membership before saving bookmarks. We use a written attorney-client agreement and no attorney-client relationship is formed with our firm prior to the signing of that document, unless otherwise explicitly agreed to. If you require legal advice, you should contact a lawyer to advise you personally about your situation. That can include plumbers, carpenters, roofers, house painters, and similar workers who, by virtue of California law, might be regarded as employees (rather than independent contractors) of the property owner or occupant who hired them.⁠31. Overtime wages can sometimes be more difficult for employers to calculate than other types of wages. pay stubs . Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. The majority of states, these twenty-six (26) – require employers to provide employees with a pay stub. $('.container-footer').first().hide(); . A employee may bring a PAGA claim by filing a civil lawsuit against their employer.⁠104 To do this, however, the employee must first follow certain procedures, which are described in Labor Code sections 2698 through 2699.5 (Opens in new window). In general, these penalties are payable to the State of California.⁠102 However, an employee can sometimes recover up to 25% of the penalty by bringing a lawsuit under the Private Attorneys General Act.⁠103 These are called “PAGA” claims. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { '”].↥, See, e.g., Labor Code, §§ 201, subd. is responsible for all communications made on this website. A big issue that comes up with electronic record-keeping systems is that when an employer goes into the system to pull wage statement data for a certain period—perhaps at the request of a plaintiff's attorney during litigation—the electronic data may appear differently than it did on the actual wage statement that was provided to the employee, he said. And, one state (Hawaii) r… Please log in as a SHRM member. Our consultations are free and confidential. The apparent intent of both forms of wage statements described in Section 226(a) is to allow The statement must be provided regardless of whether the wages are paid by check, in cash, or by direct deposit.⁠4, Wage statements are often included directly above or below a paycheck on perforated paper, so it can be easily detached and stored by the employee. here and the third part here. Paydays, pay periods, and the final wages In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. $50.00 for the initial pay period in which the violation occurs; $100.00 for each subsequent pay period in which the violation occurs, up to a total of $4,000.00; or. Opt-in states Hawaii requires employers to obtain consent from employees before implementing an electronic paperless pay system. Employee confusion over whether they received all wages owed them, The difficulty and expense involved in reconstructing pay records, and, The cost of forcing employees to make mathematical computations to analyze whether the wages paid in fact compensated them for all hours worked.⁠, The employer fails to provide an employee with any wage statement at all; or, The employer fails to keep the required records of wage payments discussed in. In general, the hourly rate for these categories is the higher of the employee’s average hourly rate⁠21 or the applicable minimum wage.⁠22 Importantly, this compensation must be given to piece-rate employees in addition to their compensation for piece-rate activities. (a).↥, Labor Code, § 226.7; Code Civ. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Distributing pay stubs is often an important part of the payroll process. A temporary services employee is someone who performs work for an agency that assigns them to perform services for different employers.⁠56 If the employee works more than 90 days for a specific employer, they are no longer considered a temporary services employee.⁠57, Temporary service employees are generally entitled to be paid on a weekly basis.⁠58 In some situations, however, the employees are entitled to be paid on a daily basis, depending on the nature of their assignments.⁠59, Employees who work for a farm labor contractor must be paid at least once every week. In general, claims seeking penalties for wage statement violations must be filed within one year of the violation.⁠107 A claim or lawsuit seeking unpaid or late-paid wages must be filed within three years of the alleged violation.⁠108 If the employee is enforcing the breach of a written employment contract, the statute of limitations is four years.⁠109. (j) [excluding exempt employees from receiving certain information on their pay stubs]. Notice: This domain, its subdomains, and its pages (collectively, this "website"), are the property and creation of , who does business as Work Lawyers. Your session has expired. As such, California law permits all wages earned for labor in excess of the normal work period to be paid on the payday for the next regular payroll period.⁠40. We Can Make Going Electronic Easy for You. Electronic Pay Stub Challenges If your employee has no way of accessing an electronic pay stub, you can make an exception for that single employee. While nothing in the law specifically allows for these paystubs (also known as itemized wage statements) to be issued in an electronic format, California’s Labor Commissioner has issued an opinion letter indicating doing so is permitted with certain limitations, including the opportunity for employees to opt out of the electronic delivery method. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. Even if employers comply with all 10 elements, they can still find themselves in legal trouble if they don't make it easy for workers to access and print copies. If the employee wins, the court may award them 25% of the penalty due under the statute, plus reasonable attorney fees and litigation costs.⁠105 Many attorneys take these kinds of cases on a contingency basis, without any upfront fees. He recommended reviewing the system with counsel. The first installment reviewed common pay stub errors that employers make. Under California law, pay statements must be issued in writing and deductions made from wages must be recorded “in ink or other indelible form.” As more businesses began going paperless and employees opted to receive their pay by direct deposit, employers weren’t clear on whether electronic pay stubs complied with the Labor Code. A 50-state survey of itemized wage statement (or pay stub or check stub) requirements. Temporary service employers are required to include the rate of pay and the total hours worked for each temporary services assignment.⁠29, California’s wage statement laws generally do not apply to people employed by the owners or occupants of residential homes to provide personal services that are connected to the ownership, maintenance, or use of the home. California law allows an employee who receives incorrect pay stubs to seek up to $4,000 in compensation for these errors. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. When employees are covered by a collective bargaining agreement that provides for different pay arrangements, those arrangements will usually override the pay periods explained above.⁠49 As such, unionized employees should consult their union’s collective bargaining agreement to determine their pay schedules. That way, an employer can readily show that it issued proper statements at the time the employee was paid. You have successfully saved this page as a bookmark. .”].↥, Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.4th 1286, 1306 [citing with approval Wang v. Chinese Daily News, Inc. (C.D.Cal. Additionally, because this article is focused on wage statements, it does not address final wages, which are subject to different requirements. (a) [“Defenses presented which, under all the circumstances, are unsupported by any evidence, are unreasonable, or are presented in bad faith, will preclude a finding of a ‘good faith dispute. The DLSE's guidance isn't binding on a court but it presents a pretty reasonable analysis of the factors that a court would use in deciding whether an employer's electronic system is compliant, said Christopher Ahearn, an attorney with Fisher Phillips in Irvine. Going Paperless in California: Guidelines for Pay Stub Compliance, Know Your Data Security Obligations Under California’s New Privacy Law, Workers’ Comp Was Exclusive Remedy for Claims Based on Lead Exposure, Gig-Worker Model Upends Employee Classification Debate. Some employees are subject to different rules when it comes to their wage statements or pay stubs. Those services, however, must be unrelated to the owner’s or occupant’s business.⁠30, This “home services exception” applies to people who care for children, as well as contractors hired to repair or remodel a residence. Employers now must include as many as 16 points. If a payday falls on a holiday, and the employer’s business is closed, then the employer is entitled to pay their employees on the following business day. Independent Contractors vs. Employees: A Guide California Law, The Law on Late & Unpaid Wages in California, Exempt vs. Non-Exempt Employees: Guide to California Law, How to File a Wage & Hour Claim in California. A wage statement (sometimes called a pay stub) is a document employers give their employees every pay period that explains how their paycheck was calculated.⁠1 California has specific laws that govern the information that employees are entitled to receive when they are paid. The wage statement must describe the range of dates that it covers, and must list the date that it was issued. FICA taxes, including those for both Social Security and Medicare;⁠, The number of piece-rate units earned; and. Ignorance of the law does not usually suffice to prove that a violation was inadvertent.⁠101. punitive damages are not recoverable when liability is premised solely on the employer’s violation of the Labor Code statutes that regulate . The phrases “wage statement” and “pay stub” will be used interchangeably throughout this article.↥, Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.4th 1286, 1306 [“Based on the plain language of Labor Code section 226, subdivision (e), an employee has a statutory right to an accurate pay stub.”].↥, Labor Code, § 226, subd. But, if the employer can show the error was inadvertent and it only happened once, the Labor Commissioner has discretion to not impose the penalty.⁠100 An inadvertent violation is one that is accidental or that results from a clerical error. Two successive paydays cannot be more than 31 days apart.⁠70. In legislation, pay stub law falls under the Fair Labor Standards Act (FLSA). § 206(a)(1)(C); 29 C.F.R. The same is true of all wages earned in excess of the normal work that an employee does. 2015) 100 F. Supp. ​Find news & resources on specialized workplace topics. When performing this calculation, premiums for overtime compensation are excluded, as are the time and compensation for rest and recovery periods.↥, Labor Code, § 226.2, subds. "Care needs to be taken when providing copies of wage documents to ensure that the copies are exact duplicates of what the employee actually received during the pay period." . }. An employee’s gross pay … This Chart provides an overview of the frequency, method of distribution, and content of wage statements required under state law, including whether employers may distribute wage statements electronically. 11(B) [“If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.”], 12(B) [“If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.”].↥, Labor Code, § 226.2, subd. 2021 Programs Now Available! is an associate of Melmed Law Group P.C. CA Labor Code Section 207 No cause of action barred under existing law on the effective date of this section shall be revived by its enactment.”].↥, Labor Code, § 98.6, subd. Contacting any attorneys or law firm mentioned on this website, without more, does not create an attorney-client relationship. Including all itemized information on the electronic pay stub as required by California law. Former employees are entitled to free paper copies upon request. It must include the employee’s wages for the entire month⁠—⁠including the portion between the 26th day of the month and the end of the month that haven’t yet been fully earned by the employee.⁠46, If the exempt employee is entitled to overtime if they work more than 40 hours in a week, that overtime must be paid by the 26th day of the next calendar month, unless a collective bargaining agreement provide a different rule.⁠47, In rare situations, employees that are considered “exempt” under state law, but not federal law, must be paid within seven days of the close of their monthly payroll period.⁠48. Some states go even further and say employees must have access to pay stubs and a way to print them. You must provide some kind of pay stub, so you can print the written statement on payday for that employee. }); if($('.container-footer').length > 1){ That payday must include all wages up to the regular payday.⁠66, The employer must designate the employee’s payday in advance. Code Regs., tit. Get started now! (a), 204, subd. The result is that piece-rate employees must be paid extra for their 10-minute rest breaks and their nonproductive time.⁠23 Likewise, if the employee misses a required meal or rest break, they are entitled to one extra hour of pay per workday for their missed rest periods and an additional one hour per workday for their missed meal breaks.⁠24, Because this type of compensation is paid at a different rate than the employee’s regular piece rate, employees are entitled to supplemental information on their pay stub:⁠25, The amount of nonproductive time can be calculated by referencing to actual work records or by using the employer’s reasonable estimates.⁠27. That payday must include all wages up to the regular payday.⁠69, The employer must designate the employee’s payday in advance. Even when PAGA does not apply, however, an employee may be entitled to pursue a class action remedy when other employees were subjected to the same pay stub violation that the employee experienced. Updates and tips on employment law, tax rates, and much more! As such, all forms of compensation for work are wages, including: The term wages also includes benefits that an employee receives as a part of his or her compensation, including money, room, board, clothing, vacation pay, and sick pay.⁠12. Employees who do not receive accurate wage statements as required by law have a right to bring the issue to their employer’s attention and request full compliance with their wage rights. This website and its content are not intended to be relied on as legal advice, and should not be relied on as such. "A California employment attorney can identify pretty quickly if any problems need to be corrected," he said. We will take a look at those next. In California, most employers must pay employees their regular wages, with some exceptions, at least twice during each calendar month on the days designated in advance as regular paydays. The employee’s wage statement must include their gross pay, which includes all pay that California law defines as a “wage.” California law defines a wage as payment for labor performed by an employee.⁠9 Labor in this context means work or services performed for an employer⁠—⁠not just physical labor.⁠10. Without deciding whether the pay stub violated the law, the court in Price held that the violation did not cause the employee to suffer an injury. (a) [“An employer, semimonthly or at the time of each payment of wages, shall furnish to his or her employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing . $("span.current-site").html("SHRM MENA "); Some employees are paid by the job, by the task, or by the number of pieces they work on or produce. This was the second in a three-part series of articles on California wage statement laws. They render a bookmark helpful, you should contact a lawyer before deciding how to proceed with deleting bookmark any! With deleting bookmark the Fair Labor Standards Act california electronic pay stub requirements FLSA ) other types of wages legally prohibited from retaliating employees... 1094, 1110⁠–⁠1111.↥, Bus accurate records of the normal work that an employee does period. 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