Wage Statement Violations

California Labor Code 226 Requirements

Have you ever received a paycheck but had no idea which hours you were being paid for or how your pay was being calculated? Have unexplained fees been deducted from your paycheck? Have you only been given electronic access to your pay stubs without the option to receive them on paper?

If so, your rights may have been violated.

Under California Labor Code Section 226, employers are required to provide employees with an itemized wage statement in writing. Failing to provide this itemized statement on your pay stub is a wage statement violation and subjects the employer to damages and penalties.

What Your Wage Statement Must Include

Each wage statement must contain the following information:

• Gross wages earned
• Total hours worked by the employee
• The number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis
• All deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item
• 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 legal entity that is the employer
• All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee
• The number of sick leave days available to the employee

Your Right to a Paper Wage Statement

When employees receive wages by direct deposit, employers are generally required to provide a wage statement in writing on paper. Some employers choose to only provide electronic access to wage statements. This violates the law when employees are not given a choice to receive paper wage statements as an alternative. In other words, employers violate California Labor Code 226 when they provide electronic access to wage statements but do not give employees the opportunity to receive paper wage statements at no cost.

Failing to provide the itemized statement in writing on paper is considered a wage statement violation and subjects the employer to damages and penalties.

Recovering Compensation for Wage Statement Violations

You may be entitled to compensation from your employer for wage statement violations. Under the law, you may recover $50 for an initial violation, $100 for each additional violation, and up to $4,000 total. The law also requires your employer to pay your attorney’s fees if a violation is found.  You may also pursue statutory penalties and secure a share of any penalties that are recovered.

Since each situation is different, it is important to speak with an attorney at Righetti Law before making major legal decisions about whether or how to proceed. We help explain what your pay stubs should include, whether your employer is violating the law, and the consequences for noncompliance.

Frequently Asked Questions

What information must a California wage statement include?

Under Labor Code 226, each itemized wage statement must show gross wages earned, total hours worked, all deductions, net wages earned, the dates of the pay period, all applicable hourly rates and the hours worked at each, and the employer’s legal name and address. It must also list the last four digits of your Social Security or employee ID number, piece-rate units and rates when you are paid by the piece, and available paid sick leave.

Does my employer have to give me a paper pay stub?

In most cases, yes. When you are paid by direct deposit, your employer must still provide an itemized statement in writing on paper unless you are given the choice to receive electronic statements and decline. Providing only electronic access, with no paper option at no cost, violates Labor Code 226.

How much can I recover for a wage statement violation?

You may recover $50 for the initial violation and $100 for each subsequent violation, up to a total of $4,000, and your employer may be required to pay your attorney’s fees. Additional statutory penalties may also be available.

Is it still a violation if I was paid correctly but my pay stub was wrong?

It can be. Labor Code 226 requires the wage statement itself to be accurate and complete. An employer can owe penalties for failing to provide a compliant itemized statement even when the underlying wages were paid in full.

How long do I have to bring a wage statement claim?

Deadlines for these claims are short, often as little as one year for penalties, so it is important to speak with an attorney promptly to protect your rights.

Schedule Your Free Consultation

At Righetti Law in San Francisco, our attorneys represent employees in California state and federal courts and have decades of experience handling wage-and-hour and class action matters. We have recovered millions for our clients in court and in settlement.

Your consultation will be confidential, and we will not contact your employer.

Call our firm at 415-983-0900 for a complimentary, confidential consultation. You may also complete our online contact form.