California Lawsuits Over Pay Stub Requirements
Last Updated on May 1, 2020
At A Glance
- This Alert Affects:
- California workers who weren't given accurate pay stubs.
- What's Going On?
- The law in California says that your pay stub must include nine pieces of information. If your employer forgets to include one or more of these items, you may be owed up to $4000 in damages.
- What Information Is Required to Be On My Paycheck?
- 1) Your gross wages (2) total number of hours worked (3) number of piece-rate units earned, if applicable (4) any deductions from your pay (5) your net wages (6) the dates of the pay period (7) your name and the last four digits of your Social Security number (8) the name and address of your employer (9) your hourly rate(s) for the pay period, if applicable, and the number of hours worked at each rate.
- Who's At Risk?
- Pay stub violations are particularly prevalent among employees who perform different types of jobs for which they are paid different hourly rates, like in a production facility. This does not mean, however, that other industries are immune from pay stub violations.
- What You Can Do:
- If your paycheck is missing any of this information, contact us by filling out the form on this page. One of the attorneys we work with may then reach out to you directly to explain how you may be able to get a class action started. Be sure to hang on to your pay stubs - attorneys may need to see copies in order to review your claim.
- Can I Get Fired?
- Federal law prohibits employers from firing or otherwise retaliating against workers who exercise their legal rights.
A number of companies have been sued in California for failing to provide their workers with accurate wage statements.
The lawsuits claim the paystubs were missing important information – such as the total number of hours worked and hourly pay rates – and that this violates state labor law. Some of these cases have already resulted in multi-million dollar settlements, and attorneys working with ClassAction.org believe these lawsuits show no sign of slowing down. They want to talk to any employee in California who did not receive an accurate wage statement.
Are These Employers Required to Provide Pay Stubs?
Yes, in California, it’s mandatory that your employer give you an accurate itemized wage statement every time you’re paid.
According to state law, your paystub must include the following information:
- Total gross wages
- Net wages earned
- Number of hours worked in the pay period
- The dates of the pay period
- Any deductions from your pay
- Your name and the last four digits of your Social Security number
- The name and address of your employer
- The number of piece-rate units earned, if applicable
- Your hourly rate(s) for the pay period, if applicable, and the number of hours worked at each rate
If your paycheck is missing any of these items, you may be able to file a class action lawsuit and seek up to $4000 in damages.
California Payroll Laws
California has long required employers to furnish their employees with accurate wage statements under section 226 of California Labor Code; however, in 2013, a Senate bill was passed that made it easier for employees who weren’t given proper paystubs to take action for the violation. According to that law (S.B. 1255), employees no longer had to prove that they were injured by an inaccurate wage statement – it would now be presumed they were damaged.
California Labor Code 226 says that employees who were given inaccurate wage statements can seek up to $4000 in damages. For companies with hundreds or thousands of employees, these damages can add up quickly.
Paystub Lawsuits: Have They Been Successful?
Yes. In October 2014, Verizon came to a $15 million settlement with workers who accused the company of issuing inaccurate wage statements. A California temporary employment agency was also sued over the issue and agreed to a nearly $9 million settlement in 2014 that covered 19,000 workers.
Paycheck Missing Information? Here’s What You Can Do
If your paystub is missing your number of hours worked, hourly pay rate or any other required information, get in touch with us today by filling out the form on this page. It’s possible that you may be able to start a class action on behalf of yourself and others at your job and seek up to $4000 in damages. After getting in touch, one of the attorneys we work with may reach out to you directly to learn more about your job and to explain what it means to start a class action lawsuit. It’s important to remember that it’s illegal for employers to retaliate against employees who exercise their legal rights.
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