Is it legal for employers not to give access to paystub information?

UPDATED: Sep 30, 2022

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Is it legal for employers not to give access to paystub information?

My wife was not given access to any information on pay at any time even after asking the office manager. They kept beating around the bush and simply ignored her. She was employed at that company for about 1 1/2 years and never say an actual paper pay stub or electronic pay stub. She was getting paid via direct deposit.

Asked on June 6, 2016 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

CA law requires 10 specific pieces of information must be included on every payroll paystub or wage statement. The stub/statement must be itemized and must be electronic or in writing and contain:

Gross wages earned, 
Total hours worked by the employee, except for a slary based employee who is exempt from overtime.
All deductions; 
All net wages earned;
The dates of the period for which the employee was paid; 
The name of the employee and the last 4 digits of their SSN or EIN;
The legal name and address of the the employer;
All hourly rates in effect during the pay period and the corresponding number of hours worked at each rate by the employee;
The amount of accrued paid sick leave; and
If applicable, the number of piece-rate units earned and any piece rate if the employee is paid on a piece-rate basis.

This information must be presented to the employee with each wage payment so that the employee can “promptly and easily” find the above information. If the employer offers its employees the ability to be paid by direct deposit, the employer must offer the employee the option of receiving their paystubs/wage statements in either paper or electronic form. 
Failure to comply with the requirements of the labor code is a misdemeanor and carries a civil penalty of $50 for the first violation, and $100 per pay period for each subsequent violation up to a total of $4,000 per employee. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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