Requests shall be made to any of the following: (2) any office of the Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards. Payroll records, meaning wage statements (paystubs), which current and former employees have a right to request pursuant to California Labor Code section 226. When responding to this type of request, you must provide either copies of the itemized wage statements received by the employee or a computer-generated record that contains all the information on those wage statements. Here’s how to find out! For example, Labor Code 226 requires employers to allow inspection of payroll records within 21 days after a request is made, or else the employee is entitled to $750 in statutory damages. Records relating to the investigation of a possible criminal offense. Workers who suspect that there may be some issues with their wage statements can request to inspect them. Under Labor Code section 226(c), employers have 21 calendar days to respond to written or oral requests to inspect or copy the records covered by this section. (2) any office of the Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards. ), All documents I signed that relate to my obtaining and holding of employment with my employer. California law requires ten (10) specific pieces of information to be included on every payroll paystub or wage statement for each employee. The request need not be written, and there is no specified time for complying and no prescribed penalty. Under this Labor Code section, employers can take reasonable steps to ensure the identify of a current or former employee, and the actual costs of reproduction can be charged by the employer. The personnel records will typically include any and all records related to the employee’s performance or to any grievance concerning the employee. (a) [“all deductions made on written orders of the employee may be aggregated and shown as one item”].↥ This information must be given in addition to the itemized information described in Chapter 1.↥ Labor Code, § 226.2, subd. Code §226(b) Takeaways She was incredibly responsive and accessible even on almost a 24 x 7 basis. Did you ever wonder what’s in your personnel file? (Labor Code § 1174.) Employers must respond to an oral or written request within 21 days or be subject to a $750 penalty. Under Section (e), employees may recover actual damage costs or $50 for each pay period violated, limited to $4,000. NOTE: Authority cited: Sections 54, 1773.5 and 1776, Labor Code. (c).)) (a)(2)(A).↥ Labor Code, § 226.2, subd. Employees in California have a right to request several parts of their personnel file. Record-keeping Requirement for Payroll Records. (Labor Code § 226(f).). (b) Requests for certified copies of payroll records pursuant to Section 1776 of the Labor Code may be made by any person. The proper response depends, first, on what the employee is asking to inspect. (California Labor Code § 1198.5. I would highly recommend her without any reservation. Labor Code Section 226(b) An employer who receives a written or oral request from a current or former employee to inspect or copy his or her payroll records shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. See, California Labor Code §226. If the employer fails to comply, the employee can recover a $750 penalty from the employer. Here is a sample language for a request from an employee to Human Resources or the employer’s designated person: I am requesting copies of the following records that my employer is obligated to provide to me: Please send a complete copy of these records directly to me. Payroll Records. ((Labor Code, § 226, subd. (c) Acknowledgment of Request. Employees also have the right, under Labor Code Section 226, to inspect or receive a copy of their payroll records. Labor Code Section 226 currently requires, among other things, employers to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee. (B) that failure to provide certified copies of the records to the requesting public entity within 10 working days of the receipt of the request will subject the contractor to a penalty of twenty-five ($25.00) dollars per calendar day or portion thereof for each worker until strict compliance is effectuated; (3) Cost of preparation as provided in Section 16402; and. (b) Requests for certified copies of payroll records pursuant to Section 1776 of the Labor Code may be made by any person. Labor Code, § 226, subd. (b) An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by subdivision (a) shall afford current and former employees the right to inspect or copy records pertaining to their employment, upon reasonable request to the employer. An employer must respond to a request for personnel records relating to your performance no later than 30 days after the date your employer receives your request. If the employer fails to comply with the request within the allowed time, the employee can recover a $750 penalty from the employer. As for pay records, current law already requires California employers to provide a copy of the employee’s wage statements (paystubs) that include specific information required under Cal. CA Labor Code § 226 (through 2012 Leg Sess) What's This? Cal. For example, Labor Code section 432 permits employees to obtain a copy of any document they signed, Labor Code section 1198.5 allows current and former employees to obtain copies of their personnel records, and Labor Code section 226(c) permits employees to inspect or copy payroll records within 21 days after making a request to do so. For more detailed codes research information, including annotations and citations, please visit Westlaw . Employers have only 21 days, however, to respond to a request for payroll records. California's Paycheck Stub ( Wage Statement ) Laws Last Updated: February 2016. Employers are required by California labor law to maintain copies of all employees’ paystubs for a period of up to three years. The acknowledgment of the receipt of said request for payroll records may be accomplished by the public entity's furnishing a copy of its written correspondence requesting certified copies of the payroll records sent to the specific contractor pursuant to Section 16400(d) below, to the person who requested said records. However, any such request shall be in writing and contain at least the following information: (2) The contract number and/or description; (3) The particular job location if more than one; (5) The regular business address, if known. ... but not later than 21 days from the date of this request for my payroll records and 30 days from the date of this request for the remaining records. Existing law also permits current or former employees to “inspect or copy” such payroll records within 21 calendar days of the request. (Labor Code §§ 226(b) and (c).). Lab. 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