EmploymentQuestion 941 of 1605
An employer issues wage statements that omit the total hours worked and the correct hourly rates, and the employee suffers injury as a result. Under Labor Code §226(e), what may the employee recover?
a.Statutory damages (the greater of actual damages or a set amount per pay period, up to a cap) plus costs and attorney's fees
b.Triple back wages automatically
c.Nothing, because wage statements are informational
d.Only an apology from the employer
Explanation
Labor Code §226(e) allows an employee who suffers injury from a knowing and intentional violation of the wage-statement requirements to recover the greater of actual damages or $50 for the initial violation and $100 for each subsequent violation per employee, up to an aggregate cap of $4,000, plus costs and reasonable attorney's fees. Wage statements are legally enforceable, not merely informational.
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