Bay Area Attorneys for Paystub Employee Violations
What Are Paystub Violations and How Do They Affect Employees?
An independent contractor misclassification violation is just one of many types of unjust or prejudicial treatments employees face on the job and that we fight in court. For more about our Employment Law legal services, please see our “Bay Area Employment Law Attorney” page. Or for other types of employee work-related issues we fight for our clients, see the links to the right.
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 the San Francisco Bay Area 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 (935) 937-3900 or submit the form to the right.
When litigation or mediation is involved, and we are able to take your case, there is never any fee or expense to you of any kind until you get paid! That means we pay all litigation costs which you will not be required to pay back, and we only get paid if you get paid.
We have four offices to serve you in San Francisco, Oakland, San Rafael and Walnut Creek, and serve clients throughout the entire San Francisco Bay Area including the entire Silicon Valley and throughout California.