WAGE STATEMENTS

Legal Requirements for Check Stubs

At the time you receive your paycheck, your employer is required to provide itemized wage statements (check stubs) that meet certain legal requirements. They include:

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  1. The stub must be timely, meaning provided at the time of each payment of wages, either as a detachable part of the check or voucher or separately when paid by personal check or cash.
  2. It must be accurate, and show the gross wages earned, total hours worked (unless properly classified as salaried) or the number of piece-rate units earned (at each rate).
  3. It must include all deductions made.
  4. It must show net wages earned.
  5. It must show the dates when the pay was earned / pay period.
  6. It must include the employee’s  name and the last four digits of their Social Security number only, or use an alternative identifier, such as an employee number.
  7. It must include the true name and address of the legal entity that is the employer.
  8. It must include all hourly rates of pay.
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The deductions made from wages must be recorded in ink or other indelible form, properly dated, showing the month, day, and year. A copy of the statement or a record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California.

If an employer fails to provide a lawful itemized wage statement, the employee is presumed to suffer an injury. Under Labor Code Section 226, employees can seek up to $4,000 per employee in penalties, Employees may also bring the claim as part of a representative action under the Private Attorneys General Act, and seek penalties,

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