The Official Injury Attorneys of the San Francisco 49ers
Oakland Pay Stub Violations Lawyer
What Are Paystub Violations and How Do They Affect Employees?
California has specific and very strict requirements governing the information that must be contained on paystubs issued to you. This information is designed to make it easier for you, or your lawyer, to determine whether you have been paid correctly.
The written paystub must contain the following:
- Gross wages earned (i.e., total wages you earned before any deductions)
- The total number of hours worked (except for salaried exempt employees)
- Deductions (being made from your gross wages)
- Net wages earned (the wages actually paid to you after all of the deductions)
- The dates for which the employee is being paid
- Employee’s name and last 4 digits of Social Security number
- The name and address of the employer
- All hourly rates in effect during the pay period and the number of hours the employee worked at each hourly rate (this is especially important if the employer compensates at different rates for different work)
Even small mistakes by the employer constitute paystub violations. If you have been misclassified as an independent contractor (and therefore got no paystubs at all) or as an exempt employee (and therefore got paystubs showing a salary), the employer has committed pay stubs violations by virtue of paying you just a flat salary without keeping track of hours. Other paystub violations typically arise from failure to pay an overtime or double-time premium or failure to account for all of the hours worked by the employee.
The employer is liable to you for either the actual damages sustained by you as a result of paystub violations, or a $100 penalty per violation up to $4,000, whichever is greater.
Paystub violations lead to paystub violation lawsuits that may be standalone actions but are almost always one of the claims being made in a more comprehensive wage and hour lawsuit. The employer is liable to you for either the actual damages sustained by you as a result of paystub violations, or a $100 penalty per violation up to $4,000, whichever is greater. The employer is also liable for attorneys’ fees in pursing such a violation.
Allowed Payroll Deductions
Payroll deductions in California are allowed only in very limited circumstances – when the state or federal law requires them; when they are authorized by you in writing to cover insurance premiums or a benefit plan; or when the deduction is authorized by a wage garnishment or a collective bargaining agreement. Sometimes an employer may also deduct for loans or cash advances made to you but there are some very strict limitations on these deductions.
An employer is not allowed to “dock” your pay for any type of loss that you cause to the employer – such as damaging company property, cash shortages, etc. – unless the employer can prove that you were dishonest, or willfully or grossly negligent. The employer also has to pay you gratuities (except that pooling/sharing of tips is allowed under certain conditions) as well as business expenses and cannot deduct for business expenses, uniforms, or medical or physical examinations.
Are You an Employee Who Has Been Affected by a Paystub Violation? We Can Help.
Paystub violations are a valuable addition to most wage and hour claims. If you or someone you know has been misclassified, please call or email us. We may be able to recover the wages due, civil penalties, interest going back four years plus attorneys’ fees.
The law firm of Venardi Zurada LLP provides initial free consultations for pay stub violations throughout California as part of our wage and hour employment practice. We are experienced employment lawyers who fight hard for our clients. If we are able to take your case, we pay all litigation costs. We only get paid our costs and attorneys’ fees if you get compensation.
Get a Free Case Review
If you are an employee who feels their rights have been violated, or you need help negotiating or reviewing your employee contract, please call to speak to one of our expert employment law attorneys at 833-893-6763 or submit our form.
