Oakland Pay Stub Violations Lawyer
What Are Paystub Violations and How Do They Affect Employees?
California has specific and very strict requirements governing the information that must be contained on paystubs issued to you. This information is designed to make it easier for you, or your lawyer, to determine whether you have been paid correctly.
The written paystub must contain the following:
- Gross wages earned (i.e., total wages you earned before any deductions)
- The total number of hours worked (except for salaried exempt employees)
- Deductions (being made from your gross wages)
- Net wages earned (the wages actually paid to you after all of the deductions)
- The dates for which the employee is being paid
- Employee’s name and last 4 digits of Social Security number
- The name and address of the employer
- All hourly rates in effect during the pay period and the number of hours the employee worked at each hourly rate (this is especially important if the employer compensates at different rates for different work)
Even small mistakes by the employer constitute paystub violations. If you have been misclassified as an independent contractor (and therefore got no paystubs at all) or as an exempt employee (and therefore got paystubs showing a salary), the employer has committed pay stubs violations by virtue of paying you just a flat salary without keeping track of hours. Other paystub violations typically arise from failure to pay an overtime or double-time premium or failure to account for all of the hours worked by the employee.
The employer is liable to you for either the actual damages sustained by you as a result of paystub violations, or a $100 penalty per violation up to $4,000, whichever is greater.
Paystub violations lead to paystub violation lawsuits that may be standalone actions but are almost always one of the claims being made in a more comprehensive wage and hour lawsuit. The employer is liable to you for either the actual damages sustained by you as a result of paystub violations, or a $100 penalty per violation up to $4,000, whichever is greater. The employer is also liable for attorneys’ fees in pursing such a violation.
Allowed Payroll Deductions
Payroll deductions in California are allowed only in very limited circumstances – when the state or federal law requires them; when they are authorized by you in writing to cover insurance premiums or a benefit plan; or when the deduction is authorized by a wage garnishment or a collective bargaining agreement. Sometimes an employer may also deduct for loans or cash advances made to you but there are some very strict limitations on these deductions.
An employer is not allowed to “dock” your pay for any type of loss that you cause to the employer – such as damaging company property, cash shortages, etc. – unless the employer can prove that you were dishonest, or willfully or grossly negligent. The employer also has to pay you gratuities (except that pooling/sharing of tips is allowed under certain conditions) as well as business expenses and cannot deduct for business expenses, uniforms, or medical or physical examinations.
Are You an Employee Who Has Been Affected by a Paystub Violation? We Can Help.
Paystub violations are a valuable addition to most wage and hour claims. If you or someone you know has been misclassified, please call or email us. We may be able to recover the wages due, civil penalties, interest going back four years plus attorneys’ fees.
The law firm of Venardi Zurada LLP provides initial free consultations for pay stub violations throughout California as part of our wage and hour employment practice. We are experienced employment lawyers who fight hard for our clients. If we are able to take your case, we pay all litigation costs. We only get paid our costs and attorneys’ fees if you get compensation.
Get a Free Case Review
If you are an employee who feels their rights have been violated, or you need help negotiating or reviewing your employee contract, please call to speak to one of our expert employment law attorneys at 925-937-3900 or submit our form.
You can be confident in relying on our zealous and effective Oakland litigators:
We have served Northern California for over 35 years.
Our attorneys have been honored with numerous accolades, including SuperLawyers, AV Rating, and Top 100 Trial Attorney Awards.
In our decades of legal service to the community, we have garnered a substantial reputation. We are respected by opposing counsel, feared by insurance companies, and followed by jurors.
We combine Big Firm experience with boutique office attention and care. Several of our attorneys have experience working for the biggest law firms in the country, including the most prominent maritime defense law firm. Our attorneys rely on that big-firm know-how but prefer the personal touch of a smaller firm, allowing us to provide individualized and attentive representation to each of our clients.
We’ve been through it, too. Attorney Mark Venardi had to personally deal with a medical malpractice injury he suffered at a time when he was working a blue-collar job on an offshore oil rig; he knows what it’s like to be a working man dealing with a personal injury. He built his way up to working for the biggest maritime defense firm in the country, before deciding to focus on helping people like himself who were hurt by negligence and mistreatment from others.
We like to fight for the underdog. Attorney Martin Zurada is an immigrant and the son of immigrants who tirelessly worked his way up through education and experience to attain the American dream. Even though he has served in large, high-level litigation law firms, he prefers helping clients directly, fighting against injustices, and securing victories for the little guy who has been wronged.
We win. We have secured multi-million dollar verdicts and settlements. In our combined tenure, we have recovered tens of millions of dollars for our clients across our broad areas of practice.
We care first and foremost about our clients. We dedicate ourselves to serve each and every client personally, and we make ourselves available to our clients around the clock.
There is no cost to you until we win. If we don’t make a recovery for you, we will not collect a fee. And all initial consultations are free of charge.
Dedicated Areas of Practice
We offer a wide range of litigation services for Oakland personal injury and employment law clients. Specifically, our areas of dedicated practice span the following issues:
Employment Law. California employers must assure proper pay to employees and comply with a variety of rules and regulations to prevent discrimination and unfair treatment of employees. We represent victims of wage and hour violations, employment discrimination, workplace harassment, retaliation, wrongful termination, and any other form of California workplace mistreatment. If you believe you were treated inappropriately at work, we can help.
Personal Injury. If you’ve been injured due to another’s negligence, you deserve compensation. That’s where we come in. As Oakland personal injury attorneys, we right the wrongs done to our clients. And we do it at our cost during the entire duration of your case. There is never any fee until we win. Give us a call if you have been hurt in a car accident, by a toxic spill or contamination, as a result of medical malpractice, due to abuse or neglect, in a maritime accident, by a vicious animal attack, or any other incident caused by someone else’s negligence.
The Sooner You Speak to an Attorney, the Stronger Your Chances for Recovery Will Become.
Contact the Oakland litigation attorneys at Venardi Zurada today, and let’s get started. We are available to talk any time, so whether you call, email or chat online, we’ll respond and set up an appointment to meet you. We have several Spanish speakers in the office and welcome the opportunity to cater our services to Oakland’s Spanish-speaking population. You pay no fee until we win for you, so you have nothing to lose by contacting our office for a free consultation. The sooner you call, the faster we can start getting results for you. Call 925-937-3900.