Labor Code 226(a). The process is a simple one that you can do yourself. Payroll Records. (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. (Labor Code § 1198.5(k).). Employers are required by California labor law to maintain copies of all employees’ paystubs for a period of up to three years. Labor Code Section 226 is a multipurpose statute. 2011 California Code Labor Code DIVISION 2. Thank you. Failure by an employer to permit a current or former employee to inspect or copy his or her payroll records within the 21 … Labor Code §§ 226 (b) and (c) require that an employer provide an employee (current or former) access to inspect or a copy of all payroll records within 21 days of an oral or written request (it may provide a copy at actual cost). Here’s how to find out! The request for copies of payroll records by the requesting public entity shall be in any form and/or method which will assure and evidence receipt thereof. (e) Inspection of Payroll Records. CA Labor Code § 226 (through 2012 Leg Sess) What's This? Subsection (e) of Section 226 allows employees to request damage payments from employers who do not comply with Subsection (a) of Section 226. ((Labor Code, § 226, subd. In California, you have a right to access your employment records, including your personnel file, payroll records, or documents you signed. California law requires ten (10) specific pieces of information to be included on every payroll paystub or wage statement for each employee. Inspection of the original payroll records at the office of the contractor(s) pursuant to subdivision (b) of Section 1776 of the Labor Code shall be limited to the public entities upon reasonable written or oral notice. Labor Code § 1198.5 provides that (with limited exception): “Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning the employee.” [1], The employer must make the personnel file/performance documents available to the worker or his representative within 30 days from the date it receives a written request. Below, I discuss the employment records you are entitled to get and share sample language for making such a request. Read this complete California Code, Labor Code - LAB § 226.2 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Providing employees with pay stubs is a local requirement in most states. 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. Payroll records, meaning wage statements (paystubs), which current and former employees have a right to request pursuant to California Labor Code section 226. I am a [former/current] employee of [Employer]. 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. Payroll Records (Labor Code § 226) Labor Code §§ 226 (b) and (c) require that an employer provide an employee (current or former) access to inspect or a copy of all payroll records within 21 days of an oral or written request (it may provide a copy at actual cost). [i] Records requested pursuant to Labor Code sections 226 (pay records) and 1198.5 (personnel file) must be provided within 21 and 30 days, respectively, or as agreed upon between the employer/employer representative and the employee/employee representative. (b) Requests for certified copies of payroll records pursuant to Section 1776 of the Labor Code may be made by any person. The personnel records will typically include any and all records related to the employee’s performance or to any grievance concerning the employee. Legislation signed by Governor Davis on September 26 augments the existing law giving individuals access to their payroll records. 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. Employees in California have a right to request several parts of their personnel file. What’s in your personnel file? On September 17, 2018, California Governor Jerry Brown signed legislation that is declaratory of Section 226 of the California Labor Code. In particular, her experience was helpful as we debated the pro’s and con’s of various courses of action. (c) Acknowledgment of Request. 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. Pursuant to Labor Code Section 226, Current and former employees have the right to inspect or copy their wage statements on reasonable request. Employees also have the right, under Labor Code Section 226, to inspect or receive a copy of their payroll records. General Occupations Section 226. I was most impressed because even after the case was resolved she helped me through a couple of items that needed attention. If the employer fails to comply with the request within the allowed time, 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. Under Labor Code § 432, you are entitled to obtain copies of all documents you signed relating to your obtaining or holding of employment. (2) any office of the Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards. 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. (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. from its web site at, https://www.dir.ca.gov/od_pub/disclaimer.html. The request need not be written, and there is no specified time for complying and no prescribed penalty. Labor Code Section 226 going back at least three years. California's Paycheck Stub ( Wage Statement ) Laws Last Updated: February 2016. Section 226 entitles an employee or an employee’s representative to seek the employee’s wage statement records. I would highly recommend her without any reservation. Employers have only 21 days, however, to respond to a request for payroll records. (California Labor Code § 1198.5. Did you ever wonder what’s in your personnel file? (Labor Code § 226(f).). Requesting Your Payroll Records. Under Section (e), employees may recover actual damage costs or $50 for each pay period violated, limited to $4,000. ), All of my payroll records from the past three years. ((Labor Code, § 1198.5.)) She thoroughly prepared me and walked me through step-by-step as the case proceeded. The new law requires an employer to provide copies (at cost) of payroll records, or permit the inspection of those records, within 21 days of receiving an oral or written request from an employee or former employee. Nor is there an exception for employees covered by a union contract or for pending litigation. This information is provided free of charge by the Department of Industrial Relations An employee does not need to hire a labor and employment lawyer to get access to his or her employment records. Do you know that you have a right to find out? Employers must respond to an oral or written request within 21 days or be subject to a $750 penalty. Labor Code section 226, among other things, requires an employer who receives a written or oral request (from a current or former employee) to inspect or copy records to comply with the request “as soon as practicable,” but no later than 21 calendar days of the request. If you can’t or don’t provide the records, the employee is entitled to a $750 penalty paid by the employer, as well as a claim for injunctive relief and attorneys’ fees. Employers responding to a Section 226 request may provide “a computer-generated record” in lieu of actual wage statement copies, provided that record contains all nine specified items of information, such as all hourly rates, hours worked, gross wages earned, etc. Reference: Sections 1773.5 and 1776, Labor Code. 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 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. Labor Code, § 226, subd. She was incredibly responsive and accessible even on almost a 24 x 7 basis. Labor Code § 1198.5. If the employer fails to comply, the employee can recover a $750 penalty from the employer. In California, three principal statutes govern employee requests to inspect personnel records—Labor Code §§ 1198.5, 226, and 432. However, any such request shall be in writing and contain at least the following information: 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. ... 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. NOTE: Authority cited: Sections 54, 1773.5 and 1776, Labor Code. It is critical for you to have these documents if you believe that you have been wrongfully terminated, discriminated against, denied the pay or wages owed to you, or otherwise treated unlawfully. Workers who suspect that there may be some issues with their wage statements can request to inspect them. The request shall include the following: (1) Specify the records to be provided and the form upon which the information is to be provided; (A) that the person certifying the copies of the payroll records is, if not the contractor, considered as an agent acting on behalf of the contractor; and. ... (Labor Code, § 226, subd (b).) Please mail them to me at the below address within 21 days of your receipt of this letter: [address]. California employees (and former employees) have the right to access, view and/or copy personnel records (CA Labor Code section 1198.5) and payroll records (CA Labor Code section 226(b)) related to their employment. (Labor Code § 432. The public entity receiving a request for payroll records shall acknowledge receipt of such, and indicate the cost of providing the payroll records based on an estimate by the contractor, subcontractor or public entity. (d) Request to Contractor. Assembly Bill 469, which went into effect January 1, 2012, clarified the law in California regarding the retention of payroll records. 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. (Labor Code §§ 226(b) and (c).). See, Ignore at Your Own Peril (February, 2018). For more detailed codes research information, including annotations and citations, please visit Westlaw . Records relating to the investigation of a possible criminal offense. See, California Labor Code §226. 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. [1] Note that an employer is not required to provide certain documents, including: Ramit is highly intelligent, professional, articulate, and very knowledgeable of the law. Cal. I am writing to request a copy of all of my personnel, payroll and timesheet records under California Labor Code Sections 226(c), 432 and 1198.5. 2020 CA Employment Law Legislative Update, Article: Same Ocean, Different Boats: The Pandemic’s Disproportionate Impact on Certain Workers, Employment Law’s Protections, and Its Limitations, California COVID-19 Supplemental Paid Sick Leave Bill Becomes Law (AB-1867), Ramit Mizrahi Speaking about New Employment Legislation at CLA Annual Meeting (9/25/20), California Legislature Passes Historic Bill Expanding Family and Medical Leave Rights, Ramit Mizrahi Receives 2021 Recognition by Best Lawyers and Super Lawyers, My personnel file and all other records which my employer maintains relating to my performance or to any grievance concerning me. Payroll records must be maintained for a period of not less than 3 years. NOTE: Requests for records of more than one contractor of subcontractor must list the information regarding that contractor individually, even if all requests pertain to the same particular public works project. Code §226(b) Takeaways Until now, an employee’s right to inspect employment records was limited to the foregoing categories. (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. (Labor Code § 1174.) See below for details. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] ARTICLE 1. Employers do not need to provide time sheets or pay records above and beyond what is on the employee’s paystub. 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