Q: I WORK in the retail industry and there are days when I am not provided my meal or rest breaks because we are so busy. I know that if we are not provided our breaks, we should be paid. However, when I look at my pay stubs at the end of the pay period, I don’t see that I have been paid for working through my lunch hours or breaks. Shouldn’t I be paid? And shouldn’t the payment be reflected in my pay stub?
A: Yes, employers must pay employees if employees were required to work during any meal or rest period mandated by law. The employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided. Based on a recent decision by the Court of Appeal, employees are entitled to two hours of payments if they missed both a meal and a rest break during the work day.
Furthermore, employees must be given an accurate and written itemized wage statement (or pay stub) concerning their earnings. In court cases where we seek recovery of wages, we argue that payments for missed meal and rest periods should also be itemized in the pay stub.
If the required information is not stated in the pay stub, employees should be paid penalties, in addition to the wages. The following information are generally required to be in an employee’s pay stub:
1) The employer’s name and address
2) The name of the employee and the employee’s Social Security or employee identification number (Per the law, only the last four digits of the employee’s Social Security or employee identification number may be shown on the itemized statement.)
3) The inclusive dates of the work period for which the employee is paid
4) The employee’s hourly rates in effect during the pay period. This will include the regular hourly rate and the overtime rate, if any.
5) The corresponding number of hours worked by the employee at each hourly rate. For example, if the employee worked 80 regular hours at $10 per hour and 10 overtime hours at $15 per hour, these should be reflected on the pay stub.
6) Total hours worked. In example number 5 above, the employee’s pay stub should reflect that the employee worked a total of 90 hours for the pay period.
7) Gross wages earned
8) All deductions. The employee may authorize the employer in writing that all deductions may be aggregated and shown as one item.
9) Net wages earned
It is important to examine the information in your pay stubs. Does it show the right number of work hours? Is work performed after one’s regular shift reflected? Is overtime work paid? Are you paid extra for working through those breaks? If an employee suffers an injury as a result of a knowing and intentional failure by the employer to give accurate wage statements, the employee may recover statutory penalties of up to $4,000.
Once employees are aware of their rights, they learn to their surprise that they are owed significant wages. Employees who do not keep their pay stubs, but want to double check whether they have been paid properly, can request a copy of their payroll records from their employers. Employers are required to maintain accurate payroll records on each of its employees; they must comply with an employee’s request as soon as practicable, but no later than 21 calendar days from the date the employee made the request.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.
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