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California Clarifies Requirements for Providing Access to Payroll Records

11/01/18

Author: ADP Admin/Wednesday, October 31, 2018/Categories: California

Overview: California has enacted legislation (Senate Bill 1252) that clarifies that employees have a right to receive a copy of their payroll records.

Effective Date: January 1, 2019

Details:

Background:
California Labor Code Section 226 gives current and former employees the right to “inspect or copy” payroll records pertaining to their employment upon reasonable request.

The employer must comply as soon as practical, but no later than 21 calendar days from the date of the request.

Senate Bill 1252:
Senate Bill 1252 amends California Labor Code Section 226 to clarify that employees have the right to “inspect or receive a copy of” their payroll records. The clarification is meant to serve as an explanation of existing law, rather than a change to it.

As is the case under existing law, when employers provide copies of payroll records, the actual cost of reproduction may be charged to the current or former employee.

A failure to permit a current or former employee to inspect or receive a copy of their payroll records within the timeframe required may result in a $750 penalty.

Action Required: California employers should update their policies and procedures to ensure compliance.

As always, please be sure to contact your HR Business Partner if you have any questions.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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Tags: Compliance Corner11/01/18state update

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