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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

 
   

You are here:  Experts > Business > Corporate Law > Employment Law > California Law on Pay Stubs

Employment Law - California Law on Pay Stubs


Expert: Shirley McAllister, CPP, PHR - 5/7/2008

Question
My husband works in cell phones. He is supposed to be paid hourly + commission. He has worked with this company for 2 months now and has received NO PAY STUB with any of his checks or itemized deduction sheet from his employer. We don't even know how many hours he is being paid for or if they are taking the right amount of taxes out. Also, he was jipped on his commissions because they told him one thing, then said they never said that. Should he get his quota stuff in writing so he has something to fall back on? I really need to know this asap because we want to make sure he has been paid all of his correct hourly. I appreciate it! I live in California.

Brenda Croteau

Answer
Your husband should definately get it in writing on his pay and commissions otherwise it is his word against someone else's and if he can't prove they told him than he will probably not get the amount he was told.

Pay stubs are required in California.

The pay statement information must include Gross and net wages, all applicable hourly rates in effect during the pay period and the numbe of hours worked by the employee at heach hourly rate, the number of piece-rate units earned and any applicable piec rate, deductions, pay period dates, employee's name and SSN, and employers name and address.

The company can pay penalties greated or actual damages or $50.00 for the first violation and $100.00 per employee for each subsequent violation up to 4,000.00 plus costs and reasonable attorneys' fees.
Cal lab code 206, 212, 213, 225.5, 226, 226.3, 226.6.

http://www.dir.ca.gov/dlse/DistrictOffices.htm

At this website you can find your local California Division of Labor Standars and contact information.

Shirley

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