Assembly Bill 3731 (Lockyer-1976)
Chapter 832, Statutes of 1976
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The analysis of Assembly Bill 3731 as last amended prepared by the Senate Republican Caucus summarized the bill as follows:
This bill requires employees to provide the following information on their wage stubs:
1. Gross wages earned;
2. All deductions; provided that all deductions made on written orders of the employee may be aggregated and shown as one item;
3. Net wages earned;
4. The inclusive dates of the period for which the employee is paid;
5. The name of the employee or the employee’s social security number; and
6. The name of the employer.
The bill provides for the recovery of actual damages or $100, whichever is greater, plus costs and reasonable attorney’s fees for
any employee suffering injury as a result of a knowing and intentional failure by the employer to comply.
(See Exhibit #7)
In its letter to Governor Brown, the California Rural Legal Assistance provided the following background discussion explaining its sponsorship of this legislation:
There are a number of employers, usually small growers, who systematically refuse to give wage stub information to their employees. A number simply pay in cash, or pay by check without furnishing itemized statements. One grower operating in Yuba County went as far as detaching the wage stub before giving the employee the paycheck. Serious consequences for employees can result. They do not know whether deductions for state and local taxes, social security, and other authorized deductions are being made. Further, if it becomes necessary for these employees to prove their earnings record for unemployment, welfare, or other program purposes in El Centro, for example, they may not be able to do so without going back to the employer in Madera. Such delays in proving eligibility create severe hardships for workers and their families. The law should permit them to recoup their losses from an employer who knowingly and intentionally flaunts the law.
(See Exhibit #9, document PE-4)
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