California Labor Code §226 requires employers to provide accurate itemized wage statements with every paycheck. The requirements are specific. Violations generate statutory penalties of $50 for the first pay period and $100 for each subsequent pay period, up to $4,000 per employee. Most workers never check their pay stubs for compliance — and most employers with other wage violations are also violating the wage statement requirements.
What Must Be on Every Pay Stub
California law requires nine specific items on every wage statement: gross wages earned, total hours worked (for non-exempt employees), all deductions, net wages, the pay period dates, the employee’s name and last four digits of Social Security number, the employer’s name and address, the hourly rate and number of hours worked at each rate, and for piece-rate workers, the piece rate and number of pieces completed. Missing any one of these is a violation.
The Most Common Violations
Pay stub violations that most frequently accompany wage theft: failing to show total hours worked, failing to list all applicable hourly rates when overtime applies, showing gross wages that don’t match the hours and rate shown, omitting the employer’s complete legal name or address, and failing to show accrued vacation balances where required by company policy.
How to Claim Wage Statement Penalties
Wage statement penalties are claimed through the DLSE wage claim process alongside any other wage violations. They are also recoverable under PAGA as civil penalties. For a worker with two years of bi-weekly pay stubs with consistent violations, the wage statement penalty alone can reach $2,600 — before any calculation of unpaid overtime or break premiums.
Educational use only. Not legal advice. Justice Foundation.
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