Labor Code Section 226

California Labor Code Section 226

Failing to provide the appropriate information on a paystub can result in heavy penalties and fines

Employers are required to include detailed pay information on paystubs. California Labor Code Section 226 requires that employers provide the following information at the time wages are paid:

  • Gross wages earned (before taxes and deductions)
  • Hours worked in the pay period
  • The dates of the pay period
  • The hourly rates in effect during the pay period and number of hours worked at each hourly rate (for example regular rate and overtime rate)
  • If applicable, the number of piece units earned and the rate for each piece
  • Deductions, which may be totaled and shown as one item.
  • The net wages earned (after taxes and deductions)
  • The employee’s name and last 4 digits of the employees SSN or EIN
  • The employer’s business or legal name and address

The pay stub, or pay record must show the date that the statement was printed. Employers also must keep a record of all deductions for at least three years at the employment place or at a central location in California. Government employers are not required to comply with these provisions.
Below is an example of paystub requirements for an employee paid on a piece rate basis:

California Labor Code Section 226 - Paystub Requirements For Piece Rate Employees

Source: California Department of Labor (DOL)

What If My Employer Fails To Provide Proper Paystubs?

Employers who knowingly and intentionally fail to comply with all of these requirements may have lawsuits filed against them. Employers are subject to pay for any loss experienced from failure to comply with the requirements, which is at least $50 for the first failure and $100 per inadequate paystub after the first. Damages are capped at $4,000. However, an employer also is liable for paying for the costs of the lawsuit and attorney’s fees. This type of case is usually brought alongside a claim for unpaid wages or unpaid overtime.
If your employer has failed to provide you with a proper pay stub, you may be able to collect against them. To learn more contact the experienced California labor attorneys of the Law Offices of Michael S. Cunningham. Schedule a free consultation by calling (951) 213-4786.