Legal Question in Employment Law in California

Payroll information being withheld

I misplaced my payroll info, and I needed copies of my payroll information from

Nov. 2004 to March 2005 and asked for them about 2 months ago, I have been

ignored and want to know how i can make my employer produce them. I have

sent letters, phone calls ,ect. I have a labor hearing soon for unpaid overtime

and need them to bring with me. I just thought since my info, social number, tax

info ect. is on them I should have a legal right to copies. How do I get them?


Asked on 8/02/05, 11:49 pm

1 Answer from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: Payroll information being withheld

California labor code section 226 requires an employer to provide copies of payroll information within 21 days of an employee or former employee's request. Failure of the employer to comply provisions of LC 226 can result in a penalty in the amount of $750, a court order requiring the information be disclosed, and attorneys fees. It would be prudent to put your request in writing, sent by certified mail to the human resources or payroll department, referred to this labor code section, and inform the employer it has 21 days to comply. If the employers still fails to comply, take a copy of your letter to your labor commissioner hearing and consider seeking additional guidance from an employee rights attorney in your area.

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Answered on 8/10/05, 5:52 pm


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