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  1. #1
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: California Labor Law 226(B)(C)(F) or 1198.5

    We cannot tell you what to do in this instance. The choice is entirely yours.

  2. #2
    Join Date
    Dec 2013
    Posts
    8

    Default Re: California Labor Law 226(B)(C)(F) or 1198.5

    Edit:
    Thank you very much, that is the answer I was looking for.
    I read the actual statutes as found here:
    http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243
    Which states:
    (b) An employer that is required by this code or any regulation
    adopted pursuant to this code to keep the information required by
    subdivision (a) shall afford current and former employees the right
    to inspect or copy records pertaining to their employment, upon
    reasonable request to the employer. The employer may take reasonable
    steps to ensure the identity of a current or former employee. If the
    employer provides copies of the records, the actual cost of
    reproduction may be charged to the current or former employee.
    (c) An employer who receives a written or oral request to inspect
    or copy records pursuant to subdivision (b) pertaining to a current
    or former employee shall comply with the request as soon as
    practicable, but no later than 21 calendar days from the date of the
    request. A violation of this subdivision is an infraction.
    Impossibility of performance, not caused by or a result of a
    violation of law, shall be an affirmative defense for an employer in
    any action alleging a violation of this subdivision. An employer may
    designate the person to whom a request under this subdivision will be
    made.
    (f) A failure by an employer to permit a current or former
    employee to inspect or copy records within the time set forth in
    subdivision (c) entitles the current or former employee or the Labor
    Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty
    from the employer.
    I assumed that since it was a government website it would be more than reliable but I was confused after finding section 1198.5

    They both are very similar. All I want is a copy of my payroll times. Section 226 specifically says "records" and 1198.5 says "personnel records".
    I understand its hard to give me a direct answer since no one knows the specific details of my situation, so I think I'll just wait the 30 days just to be safe.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: California Labor Law 226(B)(C)(F) or 1198.5

    Quote Quoting Crwys
    View Post
    All I want is a copy of my payroll times. Section 226 specifically says "records" and 1198.5 says "personnel records".

    I understand its hard to give me a direct answer since no one knows the specific details of my situation, so I think I'll just wait the 30 days just to be safe.
    Actually, it's not hard at all to give you a direct answer now that you've specified that you only want your "payroll times."

    Section 226 applies to payroll records. Read 226 (a) for a description of payroll records:

    http://law.onecle.com/california/labor/226.html

    Seems clear now that the 21 day time limit applies requests for payroll information and the penalties are different.

  4. #4
    Join Date
    Dec 2013
    Posts
    8

    Default Re: California Labor Law 226(B)(C)(F) or 1198.5

    Quote Quoting adjusterjack
    View Post
    Actually, it's not hard at all to give you a direct answer now that you've specified that you only want your "payroll times."

    Section 226 applies to payroll records. Read 226 (a) for a description of payroll records:

    http://law.onecle.com/california/labor/226.html

    Seems clear now that the 21 day time limit applies requests for payroll information and the penalties are different.
    Hm ok, thank you!

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