Paystubs and Personnel Files

Do you receive paystubs with your paycheck?

California employment law requires employers to provide a paystub to each employee with their paycheck. The pay stub must include the following information:

• Name and address of the employer

• Employee’s name and social security number

• Dates included in the pay period

• Gross wages, net wages and all deductions

• Total hours worked in that pay period

• Total wages paid in that pay period

If the employer fails to provide paystubs or gives inaccurate paystubs, the employee may get $50 for the initial pay period in which a violation occurs and $100 for each violation in a subsequent pay period, up to a total penalty of $4,000.

What if my paystubs are online?

Today many employees have their paychecks directly deposited into the bank and only have access to their paystubs online. Employers can generally provide online paystubs, but the employee must be able to request paper copies or must have a private location at work at which to print their paystub.

Can I view my personnel file?

Current and former employees also have the right to inspect or copy personnel files and employment records pertaining to them, upon reasonable request to the employer. Employers are required to comply with a current or former employee’s request as soon as possible, but no later than 21 calendar days from the date of request.

Employers can also be penalized for failure to permit current or former employees to inspect or copy personnel files when a request is made.

What can I do if I do not receive paystubs or have not been allowed access to my personnel file?

If you believe that your employer is denying you proper itemized wage statements or paystubs, or if you would like to learn more about California wage and hour law, please call (866) 981-4800 or fill out the form on the right for a confidential consultation with our employment attorneys.

Eric Gibbs

Dylan Hughes

Matthew George

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.