Labor Code 226 – What Must Be in Your Wage Statement

California Labor Code § 226 requires employers to provide itemized wage statements to their employees that show your:

1. gross and net wages,
2. deductions,
3. the date range of the pay period, and
4. hourly rates and hours worked (for non-exempt workers).

Employers must give employees these wage statements every two weeks or on each payday, and they must keep them for three years.

Legal Analysis

California law requires employers to provide employees with an itemized wage statement every pay period or every two weeks. This wage statement must show nine things:

1. Gross wages earned during the pay period.
2. Total hours worked during the pay period (for non-exempt workers).
3. The number of piece-rate units earned and the piece rates (if applicable).
4. Deductions (such as for social security).
5. Net wages earned during the pay period.
6. The date range of the pay period.
7. The employee’s name and last four digits of his/her social security number.
8. The employer’s name and address.
9. The hourly rates and number of hours worked at each rate (for non-exempt workers).¹

Note that Labor Code 246(i) also requires employers to include on itemized wage statements the amount of paid sick leave available. Alternatively, employers may provide this information on a separate document as long as employees receive it on payday.

Employees who do not receive valid wage statements are entitled to $50 for a first paystub violation and $100 for any subsequent violations (up to $4,000). If an employee has to bring a civil action to recover these money damages, the employer is also liable to pay for any court costs and attorney’s fees.²

In addition, employers are required to keep copies of wage statements showing deductions for no less than three years. Plus they must allow past and current employees to inspect these records within 21 days of their request. Employers who fail to show these records to past or current employees commit an infraction, carrying a $750 civil penalty.³

Frequently-asked-questions

What if my boss did not give me an itemized wage statement?

If your employer refuses to give you an itemized wage statement in accordance with Labor Code 226, you have three years to file a complaint with the California Labor Commissioner.

You can also sue your employer for injunctive relief, where you ask the court to order your employer to provide you with itemized wage statements. The court can also order that your employer pay you the costs and attorney’s fees for bringing this action.⁴

What compensation could I obtain?

$50 for the first violation, and $100 for each subsequent violation. The total amount of damages you can receive is capped at $4,000.⁵

Can employees waive their right to an itemized wage statement?

No. California employers are required to follow Labor Code 226 by providing employees with itemized wage statements even if they do not care to receive them.⁶

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Legal References