Inaccurate Wage Statements

Mehtani Law Offices attorneys often file claims against employers for their failure to issue accurate wage statements to their employees.

California Labor Code section 226(a) requires that whenever an employer pays wages to an employee, the employer must provide to the employee an "accurate itemized statement" showing all of the following:

(1) gross wages earned,
(2) total hours worked by the employee (with limited exception),
(3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis,
(4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item,
(5) net wages earned,
(6) the inclusive dates of the period for which the employee is paid,
(7) 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,
(8) the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer, and
(9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee and, beginning July 1, 2013, if the employer is a temporary services employer as defined in Section 201.3, the rate of pay and the total hours worked for each temporary services assignment.

An employer that knowingly and intentionally fails to issue accurate wage statements setting forth all of the above is subject to a penalty payable to the employee that is equal to the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), plus an award of costs and reasonable attorney’s fees.

You should contact Mehtani Law Offices at (213) 291-6900 or toll-free at (844) 501-6690 or send us a message if you are either not receiving wage statements from your employer or the wage statements you are receiving do not contain all of the above items.