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  1. #1
    Join Date
    Mar 2019
    Location
    Southern California
    Posts
    8

    Question What to Do if Your Employer Issues Noncompliant Pay Stubs

    My question involves labor and employment law for the state of: California

    The first 8 months of employment my employer issued pay stubs that did not show hours accrued, applicable wage rates, accrued/used vacation/sick/PTO. And the dates of the pay period were off by 2 days. During 3rd month I switched to salary. During 9th month the company changed us all back to hourly and we began tracking time online. Paystubs finally started reflecting required info...sort of. Prior payroll was never added so YTD was off by 8 months.

    Can I still file a wage claim for half the years paystubs missing information and the second half of the years paystubs being inaccurate?

    In addition to the paystubs, I was never paid for any OT, medical was deducted in excess from final check, and I received a mystery 2nd final check by mail 13 days after discharge.
    I've spent HOURS trying to do this wage claim

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Non Compliant Pay Stubs

    Leave accrual is not required to be on pay stubs, just the dates of work, the rate of pay, hours work, and whatever deductions were made.
    There's no requirement for YTD totals.

    As for OT, you have to explain what your job duties are to determine if they were obligated to pay it. "Hourly" doesn't mean anything.

  3. #3
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Non Compliant Pay Stubs

    You can always try filing a claim with CA-DLSE. Not saying that you will win, but filing is not a big deal.

    The key is that CA-DLSE is more interested in promoting good behavior by employers then enriching employees. If the employer has fixed whatever bad behavior they were exhibiting, assuming there is actually any bad illegal behavior on the employer's part, CA-DLSE is much less likely to get excited over the wage claim. They are also much more likely to get interested in late or non-payment of wages. I am not saying that you cannot win, but if I were the employer, I would make sure that I am in compliance with the law on a go forward basis, but would not lose any sleep over wage claims. Penalties are mostly a function of late or unpaid wages, which is not happening here (based on what you have said so far, unless you really have an OT issue, which is a big deal)

  4. #4
    Join Date
    Mar 2019
    Location
    Southern California
    Posts
    8

    Default Re: Non Compliant Pay Stubs

    Yes they did not pay any OT until the last half of the year. A third party payroll company had always issued our checks. I believe at some point they may have pointed out to my employer that they werent in compliance, hence the start of our checks becoming compliant which included OT being paid finally. The day I was discharged I was handed a manual check which said final pay. 13 days later a check came in the mail for an additional 16 hours.

    Thanks for the reply!!

  5. #5
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Non Compliant Pay Stubs

    OK, looking at OT only the question is WHY they did not pay overtime? FLSA (the big federal labor law) is pretty much exceptions-R-us. There are something like a 100 OT exceptions in the FLSA. We need to find out if your employer has good reason for their actions.
    - What are your actual job duties? And what is your industry? And are you somehow working for the government. Any government.

    You previously mentioned Hourly like it means something. It does not, not by itself anyhow. Hourly is a payment method, an "effect", not a "cause". The starting point is always the job duties and the nature of the employer. These determine which OT exceptions, if any, are applicable. The exact exception, if applicable, may or may not require specific payment methods. The payment method is the tail, not the dog.

  6. #6
    Join Date
    Mar 2019
    Location
    Southern California
    Posts
    8

    Default Re: Non Compliant Pay Stubs

    When I "reminded" my supervisor that I had OT hours included with my regular hours her response "Nope. He (one of the owners) wont pay OT if its not pre-approved". Had there been a valid legal reason it was never explained to anyone working in the office. I worked in a private medical office as a medical assistant (admin assistant) No management of any kind. No government of any kind.

  7. #7
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Non Compliant Pay Stubs

    Based on what you have said, you sound non-exempt. You can file a wage claim for unpaid overtime with CA-DLSE. There are some medical exceptions but we would be talking about doctors, RNs or someone with a serious technical background. While job titles per se are meaningless it would be really hard for the employer to argue that a medical assistant is some flavor of Exempt. And if you are legally non-exempt, the employer has no right to disapprove over time. They can fire you for working unauthorized overtime, but they cannot avoid paying it. Assuming you are legally non-exempt. There are a lot of strange exceptions in FLSA, but CA does not allow the only remaining obvious ones.

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