Relief For Calif. Employers Facing Wage Statement Claims

By Gilbert Tsai & Josue Aparcio (July 5, 2018, 2:34 PM EDT) -- California employers defending against wage lawsuits also face derivative claims for "inaccurate" wage statements, in addition to claims for underlying alleged wage violations. Labor Code Section 226(a) identifies information which must be accurately included in a wage statement. Employees who suffer injury "as a result of knowing and intentional failure by an employer to comply" with these requirements can each recover up to $4,000 in statutory penalties, as well as their costs and attorney's fees. As a result, plaintiffs alleging wage violations usually include an "inaccurate" wage statement claim as a part of a wage and hour lawsuit to increase potential exposure, especially...

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