What Day Does Pay Week End If Paying Twice A Month Using Payroll Service

Wage Statement & Pay Stub Law in California

California employees have a right to receive an authentic record that details how their paycheck was calculated.

A wage statement (sometimes chosen a pay stub) is a certificate employers give their employees every pay period that explains how their paycheck was calculated.⁠1 California has specific laws that govern the information that employees are entitled to receive when they are paid.

As a general affair, these wage statement requirements provide employees with the right to receive an accurate tape of the hours they work, their charge per unit of pay, the wages they were paid, and deductions from their gross wages.⁠2 The law is designed to allow employees to keep that statement so they will have a wage payment record after they cash their paychecks.

This article takes a closer look at California's pay stub laws, and the legal obligations employers must follow when issuing paychecks.

Article Content

California employers have a legal obligation to provide their employees with a written wage statement when they pay their employees.⁠3 The law requires wage statements to be authentic and itemized. The argument must be provided regardless of whether the wages are paid by check, in greenbacks, or by direct eolith.⁠4

Wage statements are often included straight above or beneath a paycheck on perforated paper, and then it can be easily detached and stored by the employee. It can also be given to employees equally a separate document.⁠5

1.one.

The Contents of Pay Stubs and Wage Statements

At a minimum, a wage statement or pay stub must include all of the post-obit information (if applicable):⁠6

• Dates. The wage statement must describe the range of dates that it covers, and must list the engagement that information technology was issued.

• Gross Pay. An employee's gross pay is the total amount of the employee's wages before any deductions are made. It includes all pay that California law defines as a wage. The definition of "wage" is explained below.

• Total Hours. Employers must list the total number of hours the employee worked on the pay stub. This information is not required, however, if the employee'due south bounty is based solely on a bacon and the employee is considered "exempt" under California law.⁠7

• Hourly Rates. All applicable hourly rates in effect during the pay period must be listed on the wage statement. If the employee worked at varying hourly rates during the pay period (equally in the case of a recent raise), the corresponding number of hours worked at each hourly rate must too be included.

• Deductions. All deductions must exist separately itemized on an employee'southward pay stub. We'll take a closer look at common deductions later on.

• Internet Pay. An employee's net pay is the employee's gross pay, minus all applicable deductions. In essence, information technology is the amount of the employee's take-home pay.

• Personal Information. The pay stub must contain certain information personally identifying the employee, including the name of the employee and the last four digits of his or her social security number. If the employee does not accept a social security number, the pay stub must include the last 4 digits of the employee's other identification number.

• Employer'south Data. The employer'southward name and address must be listed on the pay stub. If the employer is a subcontract labor contractor,⁠8 the wage argument must also provide the name and accost of the legal entity that secured the services of the employer.

In that location are several caveats to these rules, and certain employees are bailiwick to boosted requirements. We will have a expect at those next.

i.ii.

The Definition of "Wages"

The employee's wage statement must include their gross pay, which includes all pay that California police force defines as a "wage." California law defines a wage as payment for labor performed by an employee.⁠9 Labor in this context means piece of work or services performed for an employer⁠—⁠non but physical labor.⁠10

California's definition of "wage" is interpreted broadly. As such, all forms of compensation for piece of work are wages, including:

• Hourly pay,

• A fixed salary,

• Commissions,

• Piece-rate payments, and

• Payment that varies by projection or job.⁠eleven

The term wages also includes benefits that an employee receives as a part of his or her compensation, including money, room, board, clothing, vacation pay, and ill pay.⁠12

All deductions must exist included on an employee's wage statement or pay stub. The types of deductions can vary, depending on the employee'due south specific situation, merely they usually include:

• Federal income taxes;

• State and local income taxes;

• FICA taxes, including those for both Social Security and Medicare;⁠13

• Land inability insurance;

• Health insurance; and

• Retirement contributions.

When deductions have been requested past the employee in writing, they can be added together and shown every bit a single detail.⁠xiv

Some employees are subject to different rules when information technology comes to their wage statements or pay stubs. These exceptions endeavor to account for either the particular way the employee is paid or the nature of the employment relationship.

2.ane.

Piece-Charge per unit Employees

Some employees are paid by the chore, by the task, or past the number of pieces they work on or produce. These types of workers are called piece-rate employees. When employees are paid on a piece rate basis, the pay stub must separately include the following data:⁠15

• The number of piece-rate units earned; and

• The applicable piece rate.⁠16

Piece-rate employees are also entitled to a separate accounting of their pay for time spent doing things unrelated to their primary production duties. Specifically, piece-rate employees are entitled to be paid at to the lowest degree minimum wage for the following activities:⁠17

• Rest and recovery periods;⁠18 and

• Nonproductive time.⁠nineteen

Nonproductive fourth dimension is the time spent past piece-charge per unit employees where they are working nether the employer'due south control, just are engaged in an action that isn't directly related to their compensation.⁠20

In general, the hourly rate for these categories is the higher of the employee'due south average hourly charge per unit⁠21 or the applicative minimum wage.⁠22 Chiefly, this compensation must exist given to piece-rate employees in addition to their compensation for piece-charge per unit activities.

The result is that piece-rate employees must be paid actress for their 10-minute rest breaks and their nonproductive time.⁠23 Likewise, if the employee misses a required meal or rest break, they are entitled to one extra 60 minutes of pay per workday for their missed rest periods and an additional one hour per workday for their missed meal breaks.⁠24

Because this type of compensation is paid at a different rate than the employee's regular piece rate, employees are entitled to supplemental information on their pay stub:⁠25

• The total hours the employee spent in compensable remainder and recovery periods;

• The employee's total hours of compensable nonproductive fourth dimension in the pay catamenia;

• The rate at which those hours are paid; and

• The gross wages paid for rest periods, recovery periods, and nonproductive time when such wages are required by California law.⁠26

The amount of nonproductive time can be calculated by referencing to actual piece of work records or by using the employer's reasonable estimates.⁠27

2.2.

Temporary Service Employers

Temporary service employers are businesses that contract with clients or customers to supply workers to perform sure types of services.⁠28 These are ofttimes referred to as temp agencies and the workers are often called temps.

These businesses need to provide more than information to employees because they often work for varying rates during different assignments. Temporary service employers are required to include the rate of pay and the total hours worked for each temporary services assignment.⁠29

2.iii.

Home Services Exception

California'due south wage statement laws generally do non apply to people employed past the owners or occupants of residential homes to provide personal services that are connected to the ownership, maintenance, or use of the home. Those services, however, must be unrelated to the possessor's or occupant's business concern.⁠30

This "home services exception" applies to people who care for children, as well every bit contractors hired to repair or remodel a residence. That tin can include plumbers, carpenters, roofers, house painters, and like workers who, by virtue of California police, might exist regarded as employees (rather than contained contractors) of the property owner or occupant who hired them.⁠31

To learn more about the departure between employees and contained contractors, please review our article: Contained Contractors vs. Employees: A Guide California Law.

California law requires employers to keep a copy of employee wage statements statement. If the argument is computer generated, the "copy" tin be another printout of the same argument.⁠32

The employer must go along the re-create on file for at least 3 years. The copy must be kept at the employee's place of employment or at a central location within the Land of California.⁠33

Current and former employees accept a right to audit and copy their old wage statements. If the employee requests a re-create, employers can charge the employee the reasonable cost of providing it.⁠34

Employers must reply to a current or former employee'due south asking to inspect and copy wage statements as soon as possible, but no later than 21 days afterwards that asking is made. This time limit applies regardless of whether the request is oral or in writing.⁠35

Wage statements must be provided at least semimonthly (twice a month) or each time the employer pays wages.⁠36 Most employers find it easier to provide the pay stub with each wage payment. And so it is worth taking a closer look at when the law requires wage payments to be fabricated.

About employees must be paid at to the lowest degree twice per month on dates the employer has designated in advance.⁠37 These dates must exist regular, and the employer is required to post a notice that shows the twenty-four hours, time, and location where employees can be paid.⁠38

Employers, of grade, can choose to pay wages more frequently. But, no matter how often an employer chooses to pay their employees, they must comply with a few important rules:

• Any wages that are earned between the i^st and xv^th day of any month must be paid on or before the 26^th of the aforementioned month, at the very latest.

• Whatever wages earned in final half of the month must be paid on or before the ten^th day of the post-obit month.⁠39

Employers must pay their employees even if they do not submit their timecard on time⁠—⁠although the wages volition be limited to what the employer reasonably knows they owe.

If a payday falls on a holiday, and the employer'due south business is airtight, then the employer is entitled to pay their employees on the post-obit business organization day.

There are several exceptions to these rules, which are explained in more detail below. Additionally, because this commodity is focused on wage statements, it does not address last wages, which are discipline to different requirements. For a more detailed give-and-take of final wage payments, please review our commodity: The Law on Late & Unpaid Wages in California.

iv.one.

Overtime and Unusual Hours

Overtime wages can sometimes be more difficult for employers to calculate than other types of wages. The same is true of all wages earned in excess of the normal work that an employee does.

As such, California police force permits all wages earned for labor in excess of the normal work flow to be paid on the payday for the next regular payroll catamenia.⁠40

Employees who are classified as "exempt" under federal law are subject field to slightly different rules.⁠41 An exempt employee is someone who occupies a task that is not subject to one or more sets of wage and 60 minutes laws.

In most cases, at that place are three elementary requirements to make up one's mind whether a worker is an exempt employee under federal police:

• Minimum Salary. The employee must exist paid a salary that is at least twice the federal minimum wage for full-time employment.⁠42

• Independent Judgment. The employee'due south job duties must involve the use of discretion and independent judgment.⁠44

If all three requirements are met, the employee will unremarkably exist classified every bit "exempt." In that location are, however, many caveats to this test, which can exist read most in our commodity Exempt vs. Non-Exempt Employees: Guide to California Police.

If an employee has been correctly classified every bit exempt, they are only entitled to be paid one time per month.⁠45

That payment must occur on or before the 26^thursday day of the calendar month. Information technology must include the employee's wages for the unabridged month⁠—⁠including the portion between the 26^thursday day of the month and the end of the month that haven't yet been fully earned by the employee.⁠46

If the exempt employee is entitled to overtime if they work more 40 hours in a week, that overtime must exist paid by the 26^th mean solar day of the next calendar calendar month, unless a collective bargaining agreement provide a different rule.⁠47

In rare situations, employees that are considered "exempt" under state law, merely non federal constabulary, must be paid within seven days of the close of their monthly payroll period.⁠48

Of course, employers can always choose to pay exempt employees more oftentimes than once a month.

When employees are covered past a collective bargaining agreement that provides for different pay arrangements, those arrangements volition usually override the pay periods explained in a higher place.⁠49 As such, unionized employees should consult their marriage's collective bargaining agreement to determine their pay schedules.

A commission is a type of compensation paid to a person for sales-related services they return. In a commission-based arrangement, the size of the employee'due south bounty depends on the amount or value of the thing that was sold.⁠50

Commissions from sales are a type of wage.⁠51 They are non owed to the employee, withal, until they accept been fully "earned."⁠52

The conditions that must occur before a committee is earned are defined past the terms of the commission agreement.⁠53 Once those conditions have been fulfilled, the committee is considered a wage and the employer is legally-obligated to pay it the aforementioned style they would any other wage.⁠54

As such, earned commissions are subject to the same rules as regular wages: most commissions must be paid, in full, at least twice per month on dates the employer has designated in advance, unless an exception applies.⁠55

iv.five.

Temporary Service Employees (Temps)

Temporary service employees (temps) are subject area to slightly different rules than other employees.

A temporary services employee is someone who performs work for an bureau that assigns them to perform services for dissimilar employers.⁠56 If the employee works more than than 90 days for a specific employer, they are no longer considered a temporary services employee.⁠57

Temporary service employees are generally entitled to be paid on a weekly basis.⁠58 In some situations, however, the employees are entitled to be paid on a daily ground, depending on the nature of their assignments.⁠59

Employees who piece of work for a farm labor contractor must be paid at least once every week. That pay mean solar day must fall on a business mean solar day designated in advance by the farm labor contractor.⁠60

The paycheck must include all wages earned up to and including the fourth day before the employee's payday.⁠61

4.seven.

Agricultural Workers

Employees who work in agricultural, viticultural, or horticultural pursuits are subject to special rules if their boarding and lodging are provided by the employer.⁠62 Their wages unremarkably must be paid once per calendar month. That payday must include all wages upwards to the regular payday.⁠63

The employer must designate the employee's payday in advance. Two successive paydays cannot be more than than 31 days apart.⁠64

four.8.

Stock and Poultry Workers

Employees who work in stock or poultry raising are subject to special rules if their boarding and lodging are provided by the employer.⁠65 Their wages more often than not must be paid once per calendar month. That payday must include all wages upward to the regular payday.⁠66

The employer must designate the employee's payday in advance. Two successive paydays cannot be more than than 31 days apart.⁠67

4.9.

Household Domestic Service Workers

Employees who piece of work in household domestic services are field of study to special rules if their boarding and lodging are provided by the employer.⁠68 Their wages mostly must be paid once per calendar month. That payday must include all wages upwards to the regular payday.⁠69

The employer must designate the employee's payday in advance. Two successive paydays cannot exist more than than 31 days autonomously.⁠70

Nearly car salespeople earn a commission for the sales they make. Those commissions are subject to slightly different rules than other forms of payment.

If the employer is licensed as a vehicle dealer by California's Department of Motor Vehicles, car sales commissions must be paid once per calendar month on a day designated in advance by the employer as the regular payday.⁠71

If, however, the car salesperson is discipline to a collective bargaining agreement that provides for the engagement on which wages shall exist paid, that understanding will normally control when wages must exist paid.⁠72

When one or more employees proceed strike, their earned merely unpaid wages must be paid on the adjacent regular payday. Employers are non allowed to reduce or deduct from their paychecks due to the strike.⁠73

California law allows employees to collect a penalty from employers for inaccurate or missing wage statements when two facts are true:

• The employer knowingly and intentionally failed to provide the itemized wage statement in the manner required by law; and

• The employee suffered an injury.⁠74

Both of these facts accept specific legal meanings, which nosotros volition take a closer look at side by side.

5.one.

"Knowing and Intentional" Failures to Comply

A knowing and intentional failure is one that cannot be excused by a good organized religion mistake of constabulary or fact on the part of the employer.⁠75 To rely on a mistake of law, the employer must be able testify that the legal requirements of the statute were unclear or unsettled.⁠76 To rely on a error of fact, the employer's deportment must have been reasonable at the time and supported by some evidence.⁠77

A knowing and intentional failure does not include an inadvertent error.⁠78 If, for example, ink on the paystub smeared as it was being printed and the employer didn't notice, the illegible wage statement is probably non knowing and intentional. If, on the other manus, the employer noticed simply gave the pay stub to the employee anyway, a courtroom might find that the violation of California'south pay stub law was knowing and intentional.

Employers that baby-sit against errors past adopting policies or procedures to clinch compliance with California's wage statement laws volition probably not commit a knowing and intentional violation if the violation results from an isolated clerical error. Employers that have no such policy and that repeatedly fail to comply with the wage statement law are more likely to be committing knowing and intentional violations.⁠79

5.2.

Defining Employee "Injuries"

The wage argument penalty tin can only be collected when the employee suffers an injury.⁠lxxx An employee can "suffer an injury" under 2 circumstances. Starting time, an employee automatically suffers an injury when an employer knowingly and intentionally fails to provide whatever wage argument at all.⁠81

Second, an employee suffers an injury when an employer provides a wage statement but omits or misstates at least one of the post-obit types of information:

• The corporeality of gross or net wages paid during the pay menstruum;

• The total hours worked, if the employee is non-exempt;

• The number of piece-rate units earned during the pay period, if the employee is paid on a slice-rate basis;

• An itemization of all deductions made from gross wages, with the caveat that the employer may amass deductions requested by the employee in writing;

• The dates included in the pay period;

• All applicable hourly rates in event during the pay flow and the corresponding number of hours worked at each hourly rate by the employee;

• The employer'south name and address; or

• The proper noun of the employee and only the final 4 digits of his or her social security number or an employee identification number other than a social security number.⁠82

Importantly, to authorize as "injured," for these purposes, the employee must exist unable to promptly and easily ascertain the missing information from the wage statement alone. This means that if the employee has to reference any other document or data to find i of the types of data listed to a higher place, they have been "injured" for the purposes of the wage argument punishment.⁠83

5.3.

Toll of the Wage Argument Punishment

If the employee is entitled to a wage argument penalisation, they tin recover the greater of:⁠84

• $fifty.00 for the initial pay period in which the violation occurs;

• $100.00 for each subsequent pay flow in which the violation occurs, up to a full of $4,000.00; or

• The employee's bodily amercement, if whatever.⁠85

Injured employees are also entitled to recover their costs and chaser's fees incurred in seeking a remedy for their injury.⁠86 But, considering this is already a penalty, employees are non entitled to recover punitive amercement if they file a lawsuit confronting their employer solely for a wage statement violation.⁠87

five.iv.

The Employee's "Actual Amercement"

Equally mentioned above, employees are sometimes entitled to recover coin for their "actual amercement."⁠88 The phrase actual damages refers to the harm the employee actually suffered because the employee was not given a wage statement. As with the penalty generally, the harm must exist caused by the employee's knowing and intentional failure to provide a wage statement containing the required information.⁠89

Bodily damages may occur when crucial pay stub information is inaccurate, requiring the employee to spend time and coin to reconstruct an accurate tape of hours worked and wages that should have been paid.⁠ninety Misreporting the employee's hours actually worked is another example of noncompliance that may crusade actual harm, because the information provided could crusade the employee to miscalculate the amount of wages they are owed.⁠91

Other injuries that may lead to actual damages include:

• The possibility of not being paid overtime,

• Employee confusion over whether they received all wages owed them,

• The difficulty and expense involved in reconstructing pay records, and

• The cost of forcing employees to make mathematical computations to analyze whether the wages paid in fact compensated them for all hours worked.⁠92

Depriving employees of the information that is needed to determine whether wages and overtime were properly paid may satisfy the fairly minimal standard required to testify actual damages.⁠93 On the other paw, the mere fact that required information is missing from a pay stub does not necessarily show that the employee suffered actual damages.

Example

When a pay stub shows regular hours and overtime hours simply does not add them to show the employee's total hours worked, the time an employee needs to spend to add those two numbers together does not found "actual damage."⁠94 The employee's recovery would be limited to the statutory penalty amounts.⁠95

5.5.

Boosted Penalties

In addition to California'southward master wage statement penalization,⁠96 employers tin be subject to a civil fine when either of the post-obit occur:

• The employer fails to provide an employee with any wage statement at all; or

• The employer fails to keep the required records of wage payments discussed in Affiliate three.⁠97

In either of those cases, the Labor Commissioner is authorized to impose a civil penalisation of $250.00 per employee per violation for a kickoff violation and $one,000.00 per employee for each subsequent violation.⁠98 Because those penalties are in addition to the other penalties discussed above, a wage statement violation tin be very costly for employers.⁠99

Notably, when either of those ii violations occurs, a penalty can exist assessed without proof that the violation was knowing and intentional. But, if the employer tin show the error was inadvertent and information technology only happened in one case, the Labor Commissioner has discretion to non impose the penalty.⁠100 An inadvertent violation is one that is accidental or that results from a clerical fault. Ignorance of the law does non unremarkably suffice to prove that a violation was inadvertent.⁠101

In general, these penalties are payable to the State of California.⁠102 Still, an employee tin can sometimes recover up to 25% of the punishment by bringing a lawsuit under the Private Attorneys General Act.⁠103 These are called "PAGA" claims.

A employee may bring a PAGA claim by filing a ceremonious lawsuit against their employer.⁠104 To do this, however, the employee must offset follow certain procedures, which are described in Labor Code sections 2698 through 2699.5 (Opens in new window).

If the employee wins, the court may laurels them 25% of the penalty due nether the statute, plus reasonable attorney fees and litigation costs.⁠105 Many attorneys have these kinds of cases on a contingency basis, without whatever upfront fees.

Even when PAGA does non apply, notwithstanding, an employee may be entitled to pursue a class activeness remedy when other employees were subjected to the aforementioned pay stub violation that the employee experienced. A California employment chaser tin can help the employee identify and pursue all appropriate remedies when an employer violates California's pay stub law.

When an employer violates California's wage and hour laws, employees can pursue relief in three master ways:

• By resolving the dispute informally with the employer,

• By filing a lawsuit in court, or

• By bringing an administrative claim for unpaid wages and penalties.⁠106

The process for filing an administrative wage claim is explained in our article How to File a Wage & Hour Claim in California. The pros and cons of wage claims and civil lawsuits are besides discussed in that article.

Of form, the best way to resolve a wage dispute volition depend on the employee's specific state of affairs. It's normally a good thought to get the opinion of a lawyer before deciding how to proceed.

In many cases, it is important to human action fast considering claims based on unpaid wages or inaccurate wage statements tin elapse. This expiration period is called a statute of limitations. The applicative statute of limitations will depend on the blazon of claim the employee pursues.

In general, claims seeking penalties for wage argument violations must be filed within one year of the violation.⁠107 A claim or lawsuit seeking unpaid or tardily-paid wages must exist filed within three years of the alleged violation.⁠108 If the employee is enforcing the breach of a written employment contract, the statute of limitations is 4 years.⁠109

In some cases, litigants seek to extend the statute of limitations in their wage and hour claim by bringing the merits under California'southward Unfair Competition Law.⁠110 Those claims must be brought within four years.⁠111 It is usually better, still, to bring claims earlier, if possible, so as to avert relying on this kind of claim in case it turns out to be inapplicable.

6.ii.

Retaliation is Prohibited

Employees who do not receive accurate wage statements every bit required by law have a correct to bring the issue to their employer's attention and request full compliance with their wage rights. Employers are legally prohibited from retaliating against employees who request the timely payment of their wages.⁠112

Employees are also protected from retaliation if they file a complaint with a governmental agency or a lawsuit in court alleging a violation of their wage rights.⁠113 This means that an employee cannot be punished, fired, or treated unfairly for exercising their rights.

References

The phrases "wage statement" and "pay stub" will be used interchangeably throughout this article.↥

Labor Code, § 226, subd. (a).↥

Labor Code, § 226, subds. (a), (due east).↥

Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.quaternary 1286, 1306 ["Based on the apparently language of Labor Code section 226, subdivision (e), an employee has a statutory right to an accurate pay stub."].↥

Labor Code, § 226, subd. (a) ["An employer, semimonthly or at the time of each payment of wages, shall furnish to his or her employee, either as a detachable part of the bank check, draft, or voucher paying the employee's wages, or separately if wages are paid by personal bank check or cash, an accurate itemized argument in writing . . . ."].↥

Labor Code, § 226, subd. (a).↥

See Labor Code, § 226, subd. (j) [excluding exempt employees from receiving certain information on their pay stubs]. For more information virtually the difference between exempt and nonexempt employees, see our article: Exempt vs. Not-Exempt Employees: Guide to California Law.↥

As defined by Labor Code department 1682, subdivision (b).↥

Labor Lawmaking, § 200, subd. (a) ["'Wages' includes all amounts for labor performed past employees of every description, whether the amount is fixed or ascertained past the standard of time, task, piece, commission ground, or other method of calculation."].↥

Labor Lawmaking, § 200, subd. (b) ["'Labor' includes labor, piece of work, or service whether rendered or performed under contract, farm, partnership, station program, or other agreement if the labor to exist paid for is performed personally by the person demanding payment."].↥

Labor Lawmaking, § 200, subd. (a).↥

Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103 ["Courts have recognized that 'wages' also include those benefits to which an employee is entitled as a part of his or her compensation, including money, room, board, clothing, holiday pay, and sick pay."].↥

FICA stands for "Federal Insurance Contributions Act." These withholdings represent the employee's contributions to Social Security and Medicare.↥

Labor Lawmaking, § 226, subd. (a) ["all deductions made on written orders of the employee may be aggregated and shown as one detail"].↥

This information must be given in improver to the itemized information described in Affiliate 1.↥

Labor Code, § 226.ii, subd. (a)(2)(A).↥

Labor Code, § 226.2, subd. (a)(four) ["Employees shall be compensated for other nonproductive time at an hourly rate that is no less than the applicable minimum wage."].↥

Labor Code, § 226.2, subd. (a)(1) ["Employees shall exist compensated for rest and recovery periods and other nonproductive time dissever from any piece-rate compensation."].↥

Labor Code, § 226.2, subd. (a)(4) ["Employees shall be compensated for other nonproductive time at an hourly rate that is no less than the applicable minimum wage."].↥

Labor Code, § 226.two ["'other nonproductive fourth dimension' means fourth dimension under the employer's command, exclusive of remainder and recovery periods, that is not directly related to the activeness beingness compensated on a piece-rate basis."].↥

This is calculated past dividing the total compensation for the workweek by the total hours worked during the workweek. When performing this calculation, premiums for overtime compensation are excluded, as are the time and compensation for balance and recovery periods.↥

Labor Code, § 226.2, subd. (a)(3).↥

Labor Code, § 226.ii, subds. (a)(1), (a)(4).↥

Labor Code, § 226.7, subd. (c); Cal. Code of Regs., tit. eight, §§ 11010⁠–⁠11150, subds. 11(B) ["If an employer fails to provide an employee a meal menstruation in accord with the applicable provisions of this order, the employer shall pay the employee one (1) 60 minutes of pay at the employee'due south regular rate of bounty for each workday that the meal menstruation is not provided."], 12(B) ["If an employer fails to provide an employee a rest period in accord with the applicable provisions of this order, the employer shall pay the employee one (ane) hour of pay at the employee's regular rate of bounty for each workday that the rest menstruation is not provided."].↥

Labor Lawmaking, § 226.two, subd. (a)(2).↥

Labor Code, § 226.2, subd. (a)(2).↥

Labor Lawmaking, § 226.2, subd. (a)(5) ["The amount of other nonproductive time may exist adamant either through actual records or the employer's reasonable estimates, whether for a group of employees or for a particular employee, of other nonproductive time worked during the pay flow."].↥

Labor Lawmaking, § 201.3, subd. (a)(i).↥

Labor Code, § 226, subd. (a) ["[I]f the employer is a temporary services employer as defined in Section 201.3, the rate of pay and the full hours worked for each temporary services assignment."].↥

Labor Code, § 226, subd. (d) ["This section does non utilise to any employer of whatsoever person employed by the owner or occupant of a residential dwelling house whose duties are incidental to the ownership, maintenance, or utilise of the dwelling, including the care and supervision of children, or whose duties are personal and not in the form of the trade, business, profession, or occupation of the possessor or occupant."].↥

Come across Labor Code, § 3351, subd. (d) [defining employee with like language as used in Labor Lawmaking section 226, subdivision (d)]; Vebr five. Culp (2015) 241 Cal.App.4th 1044, 1056 ["Section 3351, subdivision (d) 'includes in its definition of an employee persons who are hired to make repairs on a residence' [Commendation], such equally plumbers, carpenters, and workers hired to repair a roof [Citation], and 'has also been practical to an unlicensed housepainter hired to paint a living room, dining room and maybe a kitchen' [Citation]."].↥

Labor Code, § 226, subd. (a) ["a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the identify of employment or at a cardinal location inside the Country of California."].↥

Labor Code, § 226, subd. (a).↥

Labor Code, § 226, subd. (b) ["An employer that is required past this code or any regulation adopted pursuant to this code to continue the information required by subdivision (a) shall afford current and former employees the correct to inspect or copy records pertaining to their employment, upon reasonable asking to the employer. The employer may have reasonable steps to ensure the identity of a electric current or former employee. If the employer provides copies of the records, the bodily cost of reproduction may exist charged to the current or former employee."].↥

Labor Code, § 226, subd. (c) ["An employer who receives a written or oral request to inspect or re-create records pursuant to subdivision (b) pertaining to a current or erstwhile employee shall comply with the request as soon as practicable, but no later on than 21 agenda days from the date of the request. A violation of this subdivision is an infraction. Impossibility of performance, not acquired by or a result of a violation of law, shall be an affirmative defence force for an employer in any activeness alleging a violation of this subdivision. An employer may designate the person to whom a request nether this subdivision volition be made."].↥

Labor Code, § 226, subd. (a).↥

Labor Code, § 204, subd. (a).↥

Labor Code, § 207.↥

Labor Lawmaking, § 204, subd. (a).↥

Labor Code, § 204, subd. (b) ["Notwithstanding whatever other provision of this section, all wages earned for labor in excess of the normal work period shall be paid no afterwards than the payday for the next regular payroll menstruation."].↥

Labor Code, §§ 204, subd. (a), 204c; see 29 United states of americaC § 213 [federal exemptions].↥

29 UsaC. § 206(a)(one)(C); 29 C.F.R. §§ 541.600(a), 541.602(a).↥

See 29 C.F.R. § 541.601(a)(2).↥

29 C.F.R. § 541.202(a).↥

Labor Lawmaking, § 204, subd. (a) ["[S]alaries of executive, administrative, and professional person employees of employers covered by the Fair Labor Standards Human activity, as set forth pursuant to Section xiii(a)(one) of the Fair Labor Standards Act, as amended through March ane, 1969, in Role 541 of Championship 29 of the Lawmaking of Federal Regulations, equally that part now reads or may exist amended to read at whatsoever time future, may be paid once a month on or earlier the 26th day of the month during which the labor was performed if the entire calendar month's salaries, including the unearned portion between the date of payment and the terminal twenty-four hour period of the month, are paid at that fourth dimension."].↥

Labor Code, § 204, subd. (a).↥

Labor Code, § 204.2.↥

Labor Code, § 204c.↥

Labor Code, § 204, subd. (c).↥

Labor Code § 204.one ["Commission wages are bounty paid to any person for services rendered in the auction of such employer's property or services and based proportionately upon the amount or value thereof."].↥

Labor Code, § 200, subd. (a); Sciborski v. Pacific Bell Directory (2012) 205 Cal.App.4th 1152, 1166 ["[S]ales commissions are considered 'wages.'"].↥

See, eastward.m., Labor Code, §§ 201, subd. (a), 204, subd. (a), 221; see as well Labor Code, § 203 [penalty for failing to pay wages on time].↥

Koehl v. Verio, Inc. (2006) 142 Cal.App.4th 1313, 1335 ["A commission is 'earned' when the employee has perfected the right to payment; that is, when all of the legal atmospheric condition precedent have been met. Such conditions precedent are a matter of contract between the employer and employee, subject to various limitations imposed by common police or statute."].↥

Sciborski v. Pacific Bell Directory (2012) 205 Cal.App.4th 1152, 1167 ["[O]nce the express contractual weather are satisfied, the committee is considered a wage and an employer cannot recoup the commission one time it has been paid to the employee."].↥

Labor Code, § 204, subd. (a).↥

Labor Lawmaking, § 201.3, subd. (a).↥

Labor Lawmaking, § 201.iii, subd. (b)(6).↥

Labor Code, § 201.3, subd. (b)(1)(A).↥

Labor Code, § 201.3, subd. (b).↥

Labor Code, § 205 ["However the provisions of this section, wages of workers employed by a farm labor contractor shall be paid on payroll periods at least in one case every week on a business organisation day designated in advance by the farm labor contractor."].↥

Labor Code, § 205 ["Payment on such payday shall include all wages earned upwardly to and including the fourth mean solar day before such payday."].↥

Labor Code, § 205.↥

Labor Lawmaking, § 205; only meet Labor Code, §205.5 [providing different rules for sure types of wages].↥

Labor Code, § 205.↥

Labor Code, § 205.↥

Labor Lawmaking, § 205.↥

Labor Lawmaking, § 205.↥

Labor Lawmaking, § 205.↥

Labor Code, § 205.↥

Labor Lawmaking, § 205.↥

Labor Code, § 204.1 ["Commission wages paid to any person employed past an employer licensed as a vehicle dealer by the Section of Motor Vehicles are due and payable once during each calendar month on a day designated in advance past the employer as the regular payday."].↥

Labor Code, § 204.1.↥

Labor Lawmaking, § 209.↥

Labor Code, § 226, subd. (due east)(1) ["An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual amercement or fifty dollars ($50) for the initial pay period in which a violation occurs and ane hundred dollars ($100) per employee for each violation in a subsequent pay menses, not to exceed an aggregate penalty of iv thousand dollars ($four,000), and is entitled to an award of costs and reasonable attorney's fees."].↥

Heritage Residential Care, Inc. five. Division of Labor Standards Enforcement (2011) 192 Cal.App.quaternary 75, 87⁠–⁠88.↥

Heritage Residential Care, Inc. five. Segmentation of Labor Standards Enforcement (2011) 192 Cal.App.4th 75, 88 ["This is not a case where the legal requirements of the statute were unclear or unsettled."]; but meet Novoa v. Charter Communs., LLC (E.D.Cal. 2015) 100 F. Supp. 3d 1013, 1029 ["this Court holds that a mistake of law⁠—⁠even when made in expert faith⁠—⁠does not prevent Defendant's bear from knowingly and intentionally declining to comply with subdivision (a)."].↥

See Cal. Code Regs., tit. 8, § 13520, subd. (a) ["Defenses presented which, under all the circumstances, are unsupported past any bear witness, are unreasonable, or are presented in bad faith, volition preclude a finding of a 'skilful religion dispute.'"].↥

Labor Code, § 226, subd. (east)(iii) ["For purposes of this subdivision, a 'knowing and intentional failure' does not include an isolated and unintentional payroll mistake due to a clerical or inadvertent mistake. In reviewing for compliance with this section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has adopted and is in compliance with a gear up of policies, procedures, and practices that fully comply with this section."].↥

Labor Code, § 226, subd. (e)(three).↥

Labor Code, § 226, subd. (eastward)(1) ["An employee suffering injury equally a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual amercement or 50 dollars ($l) for the initial pay catamenia in which a violation occurs and 1 hundred dollars ($100) per employee for each violation in a subsequent pay menstruum, not to exceed an amass penalty of four thousand dollars ($4,000), and is entitled to an honour of costs and reasonable attorney's fees."]; Price five. Starbucks Corp. (2011) 192 Cal.App.4th 1136, 1142 ["To recover amercement under section 226, subdivision (e), an employee must endure injury as a result of a knowing and intentional failure past an employer to comply with the statute."].↥

Labor Code, § 226, subd. (e)(2)(A) ["An employee is accounted to suffer injury for purposes of this subdivision if the employer fails to provide a wage statement."].↥

Labor Code, § 226, subd. (e)(2)(B).↥

Labor Code, § 226, subd. (e)(2)(C) ["For purposes of this paragraph, 'promptly and easily determine' means a reasonable person would exist able to readily define the information without reference to other documents or information.'"].↥

Labor Code, § 226, subd. (e)(1).↥

Labor Code, § 226, subd. (east)(1).↥

Labor Code, § 226, subd. (east)(1).↥

Brewer five. Premier Golf game Properties, LP (2008) 168 Cal.App.4th 1243, 1252 ["We are convinced . . . punitive amercement are not recoverable when liability is premised solely on the employer's violation of the Labor Code statutes that regulate . . . pay stubs . . . ."].↥

Labor Code, § 226, subd. (e)(one).↥

Labor Lawmaking, § 226, subd. (due east)(1).↥

Jaimez v. Daiohs USA, Inc. (2010) 181 Cal.App.quaternary 1286, 1306 [citing with approval Wang five. Chinese Daily News, Inc. (C.D.Cal. 2006) 435 F.Supp.2d 1042, 1050, where the court found that an inaccurate statement of hours worked and the omission of an hourly rate caused an employee to endure injury "considering (one) the employee might not be paid overtime to which she was entitled and (2) the absenteeism of an hourly charge per unit prevents an employee from challenging the overtime charge per unit paid by [the employer]"]; see too Cicairos v. Summit Logistics, Inc. (2005) 133 Cal.App.4th 949, 960 [reversing summary judgment because wage statements were disruptive and "it is not articulate that they reflect authentic information"].↥

Jaimez v. Daiohs Usa, Inc. (2010) 181 Cal.App.quaternary 1286, 1305⁠–⁠1306.↥

Elliot v. Spherion Pac. Work, LLC (C.D.Cal. 2008) 572 F.Supp.2d 1169, 1181, cited with approval by Jaimez v. Daiohs United states of america, Inc. (2010) 181 Cal.App.4th 1286, 1306.↥

Jaimez v. Daiohs United states of america, Inc. (2010) 181 Cal.App.fourth 1286, 1306.↥

Toll v. Starbucks Corp. (2011) 192 Cal.App.4th 1136, 1143 (Price). Without deciding whether the pay stub violated the police, the court in Price held that the violation did not cause the employee to suffer an injury. Toll was decided before section 226 was amended by adding subsection (e)(2), which includes the definition of "injury" discussed above. Past adding together regular and overtime hours, the employee could "promptly and easily determine" total hours by reference to the wage stub alone, and so the pay stub would not violate electric current law past failing to provide a total sum of regular and overtime hours. (See too Morgan v. United Retail Inc. (2010) 186 Cal.App.4th 1136, 1147 ["There is nix in the evidently language of department 226 to support Morgan's argument that wage statements which accurately listing the full regular hours and overtime hours worked during the pay period must also contain a divide category with the sum of those two figures."].↥

Labor Code, § 226, subd. (east)(i).↥

Labor Code, § 226.iii ["The civil penalties provided for in this department are in addition to whatsoever other penalty provided by law."].↥

Labor Code, § 226.3 ["Whatever employer who violates subdivision (a) of Section 226 shall be subject to a ceremonious penalty in the corporeality of two hundred fifty dollars ($250) per employee per violation in an initial citation and one thousand dollars ($1,000) per employee for each violation in a subsequent citation, for which the employer fails to provide the employee a wage deduction statement or fails to continue the records required in subdivision (a) of Section 226."].↥

Labor Code § 226.3.↥

Brewer v. Premier Golf Backdrop, LP (2008) 168 Cal.App.4th 1243, 1253 north.eight ["we construe the language of section 226.iii every bit designed to insure that the recovery of whatever penalties under section 226.3 would not preclude the other statutory penalties available for pay stub violations"].↥

Labor Code § 226.iii ["In enforcing this section, the Labor Commissioner shall take into consideration whether the violation was inadvertent, and in his or her discretion, may decide not to penalize an employer for a get-go violation when that violation was due to a clerical mistake or inadvertent error."].↥

Heritage Residential Care, Inc. v. Division of Labor Standards Enforcement (2011) 192 Cal.App.quaternary 75, 83⁠–⁠86.↥

Labor Code, §§ 210, 225.↥

Labor Code, §§ 2698⁠–⁠2699.5.↥

Labor Lawmaking, § 2699, subd. (a).↥

Labor Code, § 2699, subds. (m), (i).↥

Post v. Palo/Haklar & Associates (2000) 23 Cal.4th 942, 946 ["[I]f an employer fails to pay wages in the amount, time, or way required by contract or statute, the employee may seek administrative relief by filing a wage claim with the commissioner or, in the alternative, may seek judicial relief by filing an ordinary civil activity for breach of contract and/or for the wages prescribed by statute."].↥

Labor Code, § 226; Code Civ. Proc., § 340, subd. (a).↥

Labor Code, § 226.7; Code Civ. Proc., § 338; Murphy v. Kenneth Cole Productions, Inc. (2007) forty Cal.4th 1094, 1110⁠–⁠1111.↥

Lawmaking of Civ. Proc., § 337.↥

See Charabanc. & Prof. Lawmaking, § 17200, et seq.↥

Bus. & Prof. Lawmaking, § 17208 ["Whatever action to enforce any cause of action pursuant to this chapter shall be commenced inside iv years after the cause of activity accrued. No cause of activeness barred nether existing police on the effective engagement of this section shall be revived by its enactment."].↥

Labor Code, § 98.6, subd. (a) ["A person shall non discharge an employee or in any way discriminate, retaliate, or have any agin activeness confronting any employee or bidder for employment because . . . of the exercise past the employee or applicant for employment on behalf of himself, herself, or others of whatever rights afforded him or her."].↥

Labor Code, § 98.6, subd. (a).↥

What Day Does Pay Week End If Paying Twice A Month Using Payroll Service,

Source: https://www.worklawyers.com/wage-statement-pay-stub-law-california/

Posted by: mccoymazintim.blogspot.com

Share this post