(a) Requests may be made by any person for certified copies of payroll records. The request need not be written, and there is no specified time for complying and no prescribed penalty. Employers have only 21 days, however, to respond to a request for payroll records. 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. This article explains that right, with a sample request letter. CA Labor Code § 226 (through 2012 Leg Sess) What's This? Existing law also permits current or former employees to “inspect or copy” such payroll records within 21 calendar days of the request. Requesting Your Payroll Records. (Labor Code § 226(f).). However, any such request shall be in writing and contain at least the following information: I was most impressed because even after the case was resolved she helped me through a couple of items that needed attention. [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. Providing employees with pay stubs is a local requirement in most states. Under Labor Code section 226(c), employers have 21 calendar days to respond to written or oral requests to inspect or copy the records covered by this section. Until now, an employee’s right to inspect employment records was limited to the foregoing categories. 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. 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. Labor Code 226(a). EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] ARTICLE 1. Section 226 entitles an employee or an employee’s representative to seek the employee’s wage statement records. 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. 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. 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). (b) Requests for certified copies of payroll records pursuant to Section 1776 of the Labor Code may be made by any person. (b) Requests for certified copies of payroll records pursuant to Section 1776 of the Labor Code may be made by any person. 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. 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. (a)(2)(A).↥ Labor Code, § 226.2, subd. Nor is there an exception for employees covered by a union contract or for pending litigation. Labor Code Section 226 is a multipurpose statute. Cal. The law previously stated that employees had the right to inspect or copy their records, but it was amended effective January 1, 2019 to clarify that employees have the r… 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. What’s in your personnel file? ), All of my payroll records from the past three years. Failure by an employer to permit a current or former employee to inspect or copy his or her payroll records within the 21 … 2011 California Code Labor Code DIVISION 2. Did you ever wonder what’s in your personnel file? In California, three principal statutes govern employee requests to inspect personnel records—Labor Code §§ 1198.5, 226, and 432. I am a [former/current] employee of [Employer]. [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. Workers who suspect that there may be some issues with their wage statements can request to inspect them. 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. Labor Code Section 226 going back at least three years. 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. Pursuant to Labor Code Section 226, Current and former employees have the right to inspect or copy their wage statements on reasonable request. Labor Code Section 226(b): Requires employers to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee. (Labor Code §§ 226(b) and (c).). Do you know that you have a right to find out? Please mail them to me at the below address within 21 days of your receipt of this letter: [address]. Below, I discuss the employment records you are entitled to get and share sample language for making such a request. If the employer fails to comply with the request within the allowed time, the employee can recover a $750 penalty from the employer. If the employer fails to comply, the employee can recover a $750 penalty from the employer. Records relating to the investigation of a possible criminal offense. This information is provided free of charge by the Department of Industrial Relations (c).)) 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. Assembly Bill 469, which went into effect January 1, 2012, clarified the law in California regarding the retention of payroll records. ((Labor Code, § 226, subd. (Labor Code § 432. See below for details. Subsection (e) of Section 226 allows employees to request damage payments from employers who do not comply with Subsection (a) of Section 226. (c) Acknowledgment of Request. She was incredibly responsive and accessible even on almost a 24 x 7 basis. Labor Code § 1198.5. (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. Blanket requests covering an entire public works project will not be accepted; unless contractor and subcontractor responsibilities regarding the project are not clearly defined. If an employee requests payroll records, the California labor code requires employers to provide the requested records within 21 days. California's Paycheck Stub ( Wage Statement ) Laws Last Updated: February 2016. 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. I would highly recommend her without any reservation. For more detailed codes research information, including annotations and citations, please visit Westlaw . 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. 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. 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. NOTE: Authority cited: Sections 54, 1773.5 and 1776, Labor Code. Labor Code Section 226 currently requires, among other things, employers to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee. Legislation signed by Governor Davis on September 26 augments the existing law giving individuals access to their payroll records. There is no special or magic language that needs to be used. 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. See, Ignore at Your Own Peril (February, 2018). 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. 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). Thank you. An employee does not need to hire a labor and employment lawyer to get access to his or her employment 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. Employees in California have a right to request several parts of their personnel file. The process is a simple one that you can do yourself. The proper response depends, first, on what the employee is asking to inspect. California Labor Code Section 226 outlines this and more. 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. Code §226(b) Takeaways (d) Request to Contractor. What other documents are you entitled to see or copy? (California Labor Code § 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. The investigation of a possible criminal offense limited to the foregoing categories basis. Code, § 226.2, subd 2018, California Governor Jerry Brown signed legislation that is declaratory of Section entitles... Please visit Westlaw and employment lawyer to get access to his or her records! 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