Pay Stub Error Lawyer

Employers are required to issue correct paystubs. If your paystub is incorrect, you may be entitled to a $100.00 civil penalty for each paystub, after the first paystub that is wrong.

California employers are required to properly itemize certain information on employee paystubs. California employers must, with every paycheck, provide a detachable itemization of:

1. The gross wages earned by the employee;
2. The total hours worked by the employee if the employee is nonexempt meaning they are hourly and not entitled to overtime;
3. The net amount earned by the employee;
4. All paycheck deductions must be itemized and understandable;
5. The inclusive dates of the pay periods for which the employee is being paid;
6. The name and address of the legal entity of the employer;
7. The employee's name along with the last four digits of their social security number or employee identification number;
8. If the employee is paid on a piece-rate basis, the number of units they are paid for, and the piece rate.

Sue For Pay Stub Errors

Our employee labor law firm sees a lot of paystub itemizations in which the employee is:

1. Not told how many hours they are paid for
   
2. The number of hours on the paystub does not reflect missed meal or rest breaks
   
3. The number of hours on the paystub is wrong because it fails to account for all regular hours and overtime hours the employee worked.
   
4. The fact the employee worked overtime is never reflected
   
5. The rate of pay on the paystub is wrong. It may be wrong due to overtime, double time, or prevailing wage rates not properly reflected
   
6. The paystub does not allow the employee to understand the amount they have been paid in commissions. Issues may exist elsewhere in documentation provided each pay period that is supposed to, or should, explain the rate of commission the employee is due or what sales they are being paid commissions on.
   
7. The employer fails to put the legal name of the employer. Names of payroll companies may appear in error on the paystub, or there might not be any name of the employer.

Paystub error cases are especially opportune for treatment as class actions. Usually the paystub error is made on all employee paystubs. The error is made as a matter of corporate policy. Because the damages recoverable for paystub itemization errors, solely on that basis, are limited to $4,000 per employee unless there are other labor violations, harassment, or a termination of employment the only practical means of obtaining an attorney for paystub violations is a class action. Because we believe paystub error issues are rampant, and the cases are generally valid, we are accepting class action cases based upon paystub violations and presently have several. CLICK HERE FOR MORE INFORMATION ON CALIFORNIA LABOR LAW CLASS ACTIONS

We have found that many paystub violation cases also involve other employer wage abuses. Chances are your employer violated other employee rights and labor laws if you have a case against them for paystub violations.

Fines are provided if there are errors on paystub itemizations because the affect of paystub violations is often to confuse, misrepresent, or gain advantage over the employee because the paystub does not readily distinguish the amount of gross or net wages the employee is being paid for, what deductions are being made, or who the employer is. All of these affects are gross labor abuses.

California labor laws concerning paystub itemization errors do not pertain to the government. These provisions were enacted against private employers to safeguard against employee wage theft.

FOR MORE INFORMATION ABOUT OVERTIME LAWS IN CALIFORNIA OR FLSA OVERTIME CLICK HERE.

We take all wage theft, wage confusion, paystub error, and wage and hour cases on a contingency. This means we are not paid until we obtain monetary recovery on the case. We also advance all court costs. For a consultation about whether you should individually sue for unpaid wages or paystub errors, call our experienced California labor lawyers at (323) 525-1600.

In order to fully serve California employees, in Los Angeles County we have offices in downtown Los Angeles, Gardena, and Sherman Oaks. We also have offices in Tustin, Oxnard, Riverside, Bakersfield, San Diego. All of our cases are personally handled by firm founder, Karl Gerber, and one of our experienced firm labor attorneys.