California Labor Code Update: Employees Have Right to Receive a Copy of Their Pay Statements from Employer

On September 17, 2018, California Governor Jerry Brown signed legislation that is declaratory of Section 226 of the California Labor Code.

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. Under this code section, an employer who receives a written or oral request from a current or former employee has 21 calendar days from the date of the request to comply.  Failure by an employer to meet this deadline is an infraction and would entitle the current or former employee to recover a $750 penalty from the employer. Such a failure may also entitle the employee to bring an action for injunctive relief to ensure compliance and an award of costs and reasonable attorney’s fees.

However, the bill SB 1252, which has been approved as stated above, would provide employees the right, under Labor Code Section 226, to receive a copy of the payroll records from the employer if requested by the current or former employee, and apply the associated time requirements and penalty provisions. In other words, if a copy of the payroll records is requested, the employer may not simply permit current and former employees to inspect or copy payroll records. The employer must provide a copy of the payroll records within 21 days or else be subject to the penalties stated above.

Leech Tishman’s Employment Practice Group can help clients ensure compliance with California’s complex and technical employment laws and can assist clients with defending against civil or administrative actions.

If you have any questions regarding California’s unique employment laws or these employment law updates, please contact Fadi K. Rasheed. Fadi is Counsel with Leech Tishman and a member of the firm’s Employment, Litigation and Corporate Practice Groups. Fadi is based in the Leech Tishman’s El Segundo, CA office. and can be reached at 424.738.4400 or frasheed@leechtishman.com.

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Leech Tishman Fuscaldo & Lampl is a full-service law firm dedicated to assisting individuals, businesses, and institutions. Leech Tishman offers legal services in alternative dispute resolution, aviation & aerospace, bankruptcy & creditors’ rights, construction, corporate, employee benefits, employment, energy, environmental, estates & trusts, family law, government relations, immigration, insurance coverage & corporate risk mitigation, intellectual property, internal investigations, international legal matters, litigation, real estate, and taxation. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in El Segundo, CA, Chicago, Los Angeles, New York, Sarasota and Wilmington, DE.