California requires employers to provide detailed pay stub wage statements to employees. These statements must include information such as the employee’s gross wages, total hours worked, all deductions, net wages, pay period dates, employee’s name and last four digits of their Social Security number, employer’s name and address, and applicable hourly rates. Failure to comply with these requirements can result in penalties and legal action.
CONTENTS
Published by Collen Clark
Written by --> Last Updated: July 22, 2024Table Of Contents
According to SCLG, under California Labor Code § 226, employers must provide employees with itemized wage statements every pay period [1].
These statements must include:
Employers must give employees these wage statements every two weeks or on each payday, and they must keep them for three years
According to WorkLawyers, certain employees are subject to unique rules concerning their wage statements or pay stubs. These exceptions are designed to account for the specific manner in which these employees are compensated or the nature of their employment relationships [2].
Piece-Rate Employees
Piece-rate employees are compensated based on the number of jobs completed, tasks performed, or pieces produced. When employees are paid on a piece-rate basis, their pay stubs must include the following details:
In addition to their piece-rate compensation, these employees must also be paid separately for time spent on activities unrelated to their primary production duties. Specifically, they are entitled to at least the minimum wage for:
Nonproductive time refers to the period when piece-rate employees are under the employer’s control but are engaged in activities not directly related to their primary tasks. The hourly rate for these periods is the higher of the employee’s average hourly rate or the applicable minimum wage. This compensation is provided in addition to the piece-rate earnings.
Piece-rate employees must be paid extra for their 10-minute rest breaks and any nonproductive time. Additionally, if they miss a required meal or rest break, they are entitled to one extra hour of pay per workday for each missed rest or meal period.
Due to the varying rates of compensation, piece-rate employees must receive supplemental information on their pay stubs, including:
The amount of nonproductive time can be determined through actual work records or reasonable estimates by the employer.
Temporary service employers, commonly known as temp agencies, contract with clients to provide workers for specific services.
Because these employees often work at different rates for various assignments, temporary service employers must include on the pay stub:
California’s wage statement laws generally do not apply to individuals employed by homeowners or occupants to perform personal services related to the home’s maintenance or use. These services must be unrelated to the homeowner’s or occupant’s business activities.
This “home services exception” covers individuals such as child caregivers and contractors hired for home repairs or remodeling, including plumbers, carpenters, roofers, and house painters. These workers, under California law, may be considered employees rather than independent contractors of the property owner or occupant who hired them.
Related Articles:
See all related personal injury and accident lawsuits our attorneys covered so far.
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.shouselaw.com/ca/labor/labor-code-226/
2. https://www.worklawyers.com/wage-statement-pay-stub-law-california/#additional-rules-for-certain-types-of-employees
Free Confidential Case Evaluation
To contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.
