What’s in your personnel file? Under Labor Code § 432, you are entitled to obtain copies of all documents you signed relating to your obtaining or holding of employment. Here’s how to find out! Do you know that you have a right to find out? Inspection of the original payroll records at the office of the contractor(s) pursuant to subdivision (b) of Section 1776 of the Labor Code shall be limited to the public entities upon reasonable written or oral notice. The California Labor Code Section 226 governs wage claims. Certified payroll records and joint labor-management committees Any copy of payroll records made availa ble for inspection by, or furnished to, a joint labor-management committee, established pursuant to federal law, is required to be marked or obliterated only to prevent disclosure of an individual’s social security number. Failure by an employer to permit a current or former employee to inspect or copy his or her payroll records within the 21 … (Labor Code § 1174.) This information is provided free of charge by the Department of Industrial Relations (B) that failure to provide certified copies of the records to the requesting public entity within 10 working days of the receipt of the request will subject the contractor to a penalty of twenty-five ($25.00) dollars per calendar day or portion thereof for each worker until strict compliance is effectuated; (3) Cost of preparation as provided in Section 16402; and. Assembly Bill 469, which went into effect January 1, 2012, clarified the law in California regarding the retention of payroll records. (2) any office of the Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards. When responding to this type of request, you must provide either copies of the itemized wage statements received by the employee or a computer-generated record that contains all the information on those wage statements. Labor Code Section 226(b): Requires employers to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee. Labor Code 226(a). CA Labor Code § 226 (through 2012 Leg Sess) What's This? Labor Code Section 226 currently requires, among other things, employers to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee. Workers who suspect that there may be some issues with their wage statements can request to inspect them. The public entity receiving a request for payroll records shall acknowledge receipt of such, and indicate the cost of providing the payroll records based on an estimate by the contractor, subcontractor or public entity. Code §226(b) Takeaways She thoroughly prepared me and walked me through step-by-step as the case proceeded. The proper response depends, first, on what the employee is asking to inspect. 2020 CA Employment Law Legislative Update, Article: Same Ocean, Different Boats: The Pandemic’s Disproportionate Impact on Certain Workers, Employment Law’s Protections, and Its Limitations, California COVID-19 Supplemental Paid Sick Leave Bill Becomes Law (AB-1867), Ramit Mizrahi Speaking about New Employment Legislation at CLA Annual Meeting (9/25/20), California Legislature Passes Historic Bill Expanding Family and Medical Leave Rights, Ramit Mizrahi Receives 2021 Recognition by Best Lawyers and Super Lawyers, My personnel file and all other records which my employer maintains relating to my performance or to any grievance concerning me. (a) [“all deductions made on written orders of the employee may be aggregated and shown as one item”].↥ This information must be given in addition to the itemized information described in Chapter 1.↥ Labor Code, § 226.2, subd. 201 S Lake Ave, Ste 305, Pasadena, California 91101. The acknowledgment of the receipt of said request for payroll records may be accomplished by the public entity's furnishing a copy of its written correspondence requesting certified copies of the payroll records sent to the specific contractor pursuant to Section 16400(d) below, to the person who requested said records. Requesting Your Payroll Records. (b) Requests for certified copies of payroll records pursuant to Section 1776 of the Labor Code may be made by any person. 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