EmploymentQuestion 1620 of 1632

A former employee delivers a written request on June 1 to inspect and copy her payroll records. The contractor hands them over on July 3. What was the deadline, and what does the delay cost?

a.There was no deadline, because the right to inspect payroll records ends when the job ends
b.The deadline was 21 business days, so July 3 missed it by a single working day
c.The deadline was June 22, being 21 calendar days, and §226(f) adds a $750 penalty on top
d.The deadline was 30 calendar days, so July 3 is inside the window and nothing is owed

Explanation

Section 226(c) requires the employer to comply as soon as practicable, and no later than 21 CALENDAR days from the date of the request, so a June 1 request falls due on June 22 and July 3 is eleven days late. The right belongs to former employees as well as current ones, so leaving the job changes nothing. Missing the window carries its own $750 penalty under §226(f), which is separate from the penalties for a defective wage statement.

Law Reference: Labor Code §226(c), (f)

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