WHAT IS FAILURE TO PROVIDE LAWFUL WAGE STATEMENTS?
Employers in California are required to provide wage statements (also referred to as a “pay stub”) to employees every pay period to explain how their wages were calculated. The California Labor Code requires that multiple specific pieces of information need to be contained in each wage statement. If wage statements do not contain all the required information, it is a wage statement violation.
If you believe your employer has failed to provide lawful wage statements, do not hesitate to contact the employment lawyers at Brock & Gonzales LLP. Send us an email or call 310-294-9595. We have offices in Los Angeles, Oakland, and Sacramento, and our attorneys fight for the rights of employees throughout California.
What is the information required to be included in a wage statement?
Generally, employers are required to provide a written, accurate statement which includes:
- the gross wages earned;
- the total hours worked by the employee;
- all deductions;
- net wages earned;
- the inclusive dates of the period for which the employee is paid;
- 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;
- the name and address of the employer; and
- all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee.
What are wages?
According to California law, “wages” are payment for any work or services performed by an employee. Wages include many different forms of compensation, such as an hourly pay, fixed salary, commissions, piece-rate payments, and payments that vary by project. Wages can also include benefits that are included as part of an employee’s compensation such as room and board, clothing, vacation pay, and sick pay.
What are deductions?
Deductions can differ depending on each employee’s specific situation, but common deductions include:
- federal income taxes;
- state and local income taxes;
- FICA taxes (including both Social Security and Medicare);
- state disability insurance;
- health insurance; and
- retirement contributions
What are you entitled to if your employer failed to provide lawful wage statements?
If your employer failed to provide wage statements that contain all of the legally required information, you may be entitled to a monetary penalty and the employer may also be subject to other civil penalties.
CONTACT A CALIFORNIA EMPLOYMENT LAWYER
Brock & Gonzales LLP specializes in wage and hour cases. If you feel your employer has failed to provide lawful wage statements, contact us to set up a free consultation. Please call 310-294-9595 or reach us by email. With offices in Los Angeles, Oakland, and Sacramento, we fight for the rights of employees statewide.