![]() Was this article useful? SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. The next installment will examine the penalties employers may face for noncompliance. The first installment reviewed common pay stub errors that employers make. ![]() This was the second in a three-part series of articles on California wage statement laws. "A California employment attorney can identify pretty quickly if any problems need to be corrected," he said. He recommended reviewing the system with counsel. ![]() "Care needs to be taken when providing copies of wage documents to ensure that the copies are exact duplicates of what the employee actually received during the pay period." That way, an employer can readily show that it issued proper statements at the time the employee was paid. Most wage and hour class actions include a claim for pay statement errors, which can result in significant penalties for employers even if the value of the actual wage claims is low, Ahearn said.Ī big issue that comes up with electronic record-keeping systems is that when an employer goes into the system to pull wage statement data for a certain period-perhaps at the request of a plaintiff's attorney during litigation-the electronic data may appear differently than it did on the actual wage statement that was provided to the employee, he said. In addition to giving employees unrestricted access to their wage statements and the option of having statements delivered in a paper format, employers should have security measures in place to protect employee information, he noted.Īlthough the labor code states that employers must keep wage statement records for three years, Ahearn recommends retaining them for an additional year because the statute of limitations on state wage claims is four years. The DLSE's guidance isn't binding on a court but it presents a pretty reasonable analysis of the factors that a court would use in deciding whether an employer's electronic system is compliant, said Christopher Ahearn, an attorney with Fisher Phillips in Irvine. Former employees are entitled to free paper copies upon request.
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