california labor code 226 request for payroll records

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. (b) Requests for certified copies of payroll records pursuant to Section 1776 of the Labor Code may be made by any person. NOTE: Authority cited: Sections 54, 1773.5 and 1776, Labor Code. Labor Code Section 226 going back at least three years. Do you know that you have a right to find out? In particular, her experience was helpful as we debated the pro’s and con’s of various courses of action. However, any such request shall be in writing and contain at least the following information: 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. (Labor Code § 432. 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. There is no special or magic language that needs to be used. For more detailed codes research information, including annotations and citations, please visit Westlaw . ... 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. 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. (d) Request to Contractor. If an employee requests payroll records, the California labor code requires employers to provide the requested records within 21 days. Under Labor Code § 432, you are entitled to obtain copies of all documents you signed relating to your obtaining or holding of employment. Workers who suspect that there may be some issues with their wage statements can request to inspect them. 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. If the employer fails to comply, the employee can recover a $750 penalty from the employer. General Occupations Section 226. See below for details. The request need not be written, and there is no specified time for complying and no prescribed penalty. 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. 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. She thoroughly prepared me and walked me through step-by-step as the case proceeded. Thank you. Employees also have the right, under Labor Code Section 226, to inspect or receive a copy of their 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. 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. See, Ignore at Your Own Peril (February, 2018). 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. from its web site at, https://www.dir.ca.gov/od_pub/disclaimer.html. ((Labor Code, § 1198.5.)) 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. 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 . 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 226(a). What’s in your personnel file? Payroll records must be maintained for a period of not less than 3 years. 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. See, California Labor Code §226. Employers have only 21 days, however, to respond to a request for payroll records. Certified payroll records and joint labor-management committees Any copy of payroll records made availa ble for inspection by, or furnished to, a joint labor-management committee, established pursuant to federal law, is required to be marked or obliterated only to prevent disclosure of an individual’s social security number. If the employer fails to comply with the request within the allowed time, the employee can recover a $750 penalty from the employer. I am a [former/current] employee of [Employer]. 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