Attorneys for employees alleging underpayment or other wage irregularities will regularly add a pay stub violation claim to the mix. California's state minimum wage rate is $13.00 per hour.This is greater than the Federal Minimum Wage of $7.25. Minimum wage is the absolute lowest amount of money, usually per hour, that an employer must pay an employee for a job. Employers in California have to meet the minimum wage requirements as required by the California state labor law apart from the Federal requirement. Employers must adhere to several strict requirements pertaining to itemized wage statements furnished to California employees. For employees paid on a piece-rate basis, the number of piece rate units earned, regardless of time worked. Labor Code section 226.3 provides that an employer who violates Labor Code section 226(a) can face a civil penalty of $250 per employee for each violation in an initial citation and $1,000 per employee for each violation in a subsequent violation where the employer fails to provide the employee with a “wage deduction statement” or does not maintain records, as required by Labor Code section 226(a). As we’ve discussed, while AB 1506 scales back certain PAGA claims, it doesn’t change what information must be included on every employee’s regular wage statement. If your employer has not furnished you with accurate and lawful paystubs complying with California law, contact Astanehe Law. CA Labor Code Section 207 A Guide to Minimum Wage Laws in California for Employees. Soto v. Motel 6 Operating, L.P., 4 Cal. The piece-rate pay stub and wage statement must include the total hours of compensable rest and recovery breaks, the employees compensation rate, and the gross wages paid for those periods during the pay period. App. On June 3, 2019, a Northern California Federal District Court Judge ordered Walmart to pay nearly $102 million for various wage and hour violations, primarily based on failure to provide wage statements (i.e., pay stubs) that comply with the requirements of California law. Further, attorney fees are not recoverable at the DLSE and California employees have a shorter statute of limitations. Labor Code § 226.3. California State Minimum Wage Requirements. E-file and E-pay Mandate for Employers. The California Supreme Court recently addressed this issue in two companion cases: Ward v. Ready and willing to accept work immediately. The aforementioned Labor Code § 226 pay stub & wage statement requirements do not apply to two employee groups: Live-in nannies, au pairs, housekeepers, and other similar employees; and, State, city, county, district, or other government entity employees. California Law Protects Workers' Rights - Who Knew? Live-in nannies, au pairs, housekeepers, and other similar employees; and. This Chart provides an overview of the frequency, method of distribution, and content of wage statements required under state law, including whether employers may distribute wage statements … California employers should take note of the following changes to state and local minimum wage laws—set to take effect on January 1, 2021—that will … Labor Code §§ 226(d), (h). Employers must provide written notice of certain pay related information to nonexempt employees when they are hired and when the information changes, under the California Wage Theft Prevention Act. Total hours worked by the employee (unless the employee is exempt from OT) Number of piece-rate units earned, if applicable. California pay stubs and wage statements must include the gross (total) wages earned by the employee. California Labor Code § 226(a). State Wage Notice Requirement (Y/N) Applicable Statutes Requirements Template (Y/N) California Y Section 2810.5 of the Labor Code Employers must provide notice to employees of their rate(s) of pay, designated pay day, the employer's intent to claim allowances as part of the minimum wage, and the Notice and Wage Statement Requirements. Labor Code §§ 226(d), (h). Thus, California’s itemized wage statement provisions do not require an employer to include the monetary value of accrued vacation or PTO on the pay statement merely because it has accrued, but has not been used or paid. Learn California’s Specific Pay Stub Requirements to Avoid Penalties. However, the requirement to provide a paycheck stub or written statement explaining how the pay is calculated must be provided to the employee. If you are a California employee who has not been furnished with itemized wage statements, contact Astanehe Law today to discuss your options with an experienced California employment attorney. Minimum Wage. At the time the paycheck is issued and for at least 30 days after, sufficient funds or credit in the payroll account must exist for the paycheck’s payment. No legal advice is intended. Additional requirements apply to certain temporary services employees. Failure to deliver this accurate wage statement will result in fines, including: Up to $1,000 per employee for failure to provide wage statements Salaried, or exempt, employees are exempt from this requirement. 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