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Your Legal Corner - Client Alert Blog

California Employers Get 33 Days to Correct Wage Statement Errors

Written By: Melissa C. Marsh, Esq., California Attorney, March 2016 Add to Favorites

On October 2, 2015, Governor Jerry Brown signed into law Assembly Bill 1506 (AB 1506), codified in California Labor Code § 2699(d). California Labor Code Section 2699(d) amends the California Private Attorneys General Act (PAGA) to provide California employers with a 33 Day Cure Period for alleged violations of California Labor Code §§ 226(a)(6) and 226(a)(8), which require all California employers to specify on an employee’s wage statement: (i) the name and address of the “legal entity” that is the employer and (ii) the inclusive dates of the period for which the employee is being paid.

The 33 Day Cure period begins to run on the date postmarked on the notice to cure a wage statement. The violation(s) is/are cured as soon as the employer provides the employee with a fully compliant, itemized wage statement for each pay period (up to three years back) prior to the date of the written notice. The employer must give written notice to the aggrieved employee by certified mail within the 33 Day Cure time period that the alleged violation has been cured, including a description of actions taken. Once the employer takes these steps, the employee may not commence a civil action pursuant to § 2699 of PAGA.

California Labor Code § 226 requires an employee’s wage statement to include an accurate itemized statement of the following information:

  1. gross wages earned;
  2. total hours worked by the employee (expect for salaried employees who are exempt from overtime pay);
  3. the number of piece-rate units earned (if the employee is paid on a piece-rate basis);
  4. all deductions;
  5. net wages earned;
  6. the dates of the period for which the employee is paid;
  7. the name of the employee and only the last four digits of the employee’s Social Security number;
  8. the name and address of the employer (or legal entity that is the employer); and
  9. all applicable hourly rates in effect during the pay period and numbers of hours worked at each hourly rate by the employee.

Tags: California Employee Pay Stubs
Posted In: Employment Law News 

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.