
Steven Tindall
An employment-law litigator with over 20 years’ experience, Steven Tindall is well-acquainted with navigating the ins-and-outs of California paystub law. His largest recovery in a single employment case is $29 million.
A paystub is a breakdown of an employee’s earnings in a pay period. Although federal labor law does not require employers to provide pay stubs to employees, California paystub law requires employers give an “itemized wage statement” or paystub for each pay period (a standard pay period is 2 weeks).
What if your employer refuses to give pay stubs? There are penalties for employers not giving paystubs:
In California, an employer that refuses to give paystubs to an employee may incur a civil penalty of $50 for the first pay period in which no paystub was provided, and $100 in each pay period after that, up to a maximum of $4,000 per employee. California employment law empowers employees to collect labor penalties on behalf of the State of California, including for violations of California paystub law.
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If your employer refuses to provide you with paystubs as required under California labor law, you may be eligible to recover penalties. Contact us for a free consultation.
California labor law requires that paystubs be itemized, and include the following information:
Under California Labor Code section 213, employers cannot require an employee to receive payment of wages by direct deposit.
A California employer can pay an employee by direct deposit only if the employee expressly consents. Otherwise, the employer must deliver paper checks or some other permitted form of payment of wages.
Employers are required by California labor law to maintain copies of all employees’ paystubs for a period of up to three years.
If an employee requests payroll records, the California labor code requires employers to provide the requested records within 21 days. If the employer refuses to give paystub records, or provides them untimely (later than 21 days), the employee can collect California labor code penalties.
If your employer refuses to give you paystubs, you may be entitled to recover penalties in a court of law. Contact us for a free consultation.
The California paystub-law statute, California Labor Code Section 226, does not discuss the requirements for digital or electronic paystubs. But the California Department of Labor Standards Enforcement has issued some guidance concerning the content of electronic paystubs and employees’ access to them:
Itemized wage statements may be provided digitally, or on paper in a separate document, or as a detachable portion of the paycheck. Not only employees who receive paper checks, but also employees who receive paychecks through direct deposit, are entitled to receive paystubs from employers every pay period.
Employers sometimes offer to pay employees cash under the table. This means the employer does not deduct payroll taxes from the employee’s wages. The California Employment Development Department, however, warns that it’s illegal to pay an employee under the table, and it may harm the employee by subjecting them to tax audits. If an audit occurs, the California Employment Development Department says, employees paid under the table will be in big trouble because they won’t have paystubs or W-2’s to verify their earnings.
California overtime law requires that employees get overtime wages any time they work more than 8 hours a day or 40 hours a week.
California labor law requires employers to properly record, on a paystub, any overtime hours an employee has worked and the dates on which the overtime occurred. If an employer refuses to give an employee a paystub listing their overtime hours, it is considered a violation of the California labor code. Employees may be able to recover a penalty of $50 for the first refusal to give a paystub, and $100 for every subsequent refusal, up to a maximum of $4,000 in penalties per employee.
An employment-law litigator with over 20 years’ experience, Steven Tindall is well-acquainted with navigating the ins-and-outs of California paystub law. His largest recovery in a single employment case is $29 million.
Prior to joining us at Gibbs Law Group LLP, Linda Lam worked at a national employment law firm, where she represented workers in lawsuits to recover unpaid wages and benefits.
Steve has prosecuted a variety of complex employment cases involving California labor law. He is fluent in English and Spanish.
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If none of the employees at your company are given paystubs, you may be entitled to recover penalties on their behalf. Contact us for a free consultation. No obligation. Conversations are confidential.
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