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LegalCornerTM - Wages, Hours and Benefits F.A.Q.'s

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Q.Are employee entitled to see their payroll records?

A.Yes. In California the employer must make an employee's payroll records available upon reasonable request. As of January 1, 2003, if the employer fails to permit a current or former employee to inspect or copy his or her payroll records within 21 days of the employee's request, the employee may recover a $750.00 penalty. Additionally, Labor Code Section 226(a) provides that every time an employee is paid, whether by check, cash, or otherwise, the employee must be given a detachable itemized statement showing:

    Gross wages earned

    Total hours worked (not required for salaried exempt employees)

    The number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece rate basis

    All deductions (all deductions made on written orders of the employee may be aggregated and shown as one item)

    Net wages earned

    The inclusive dates of the period for which the employee is paid

    The name of the employee and his or her social security number

    The name and address of the legal entity that is the employer

    All applicable hourly rates in effect during the pay period, and the corresponding number of hours worked at each hourly rate by the employee

This itemized statement is not applicable to an employee whose compensation is solely based on a salary and who is exempt from payment of overtime under Labor Code Section 515(a) or any applicable Industrial Welfare Commission Order.




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