On October 2, 2015, Governor Jerry Brown signed into law Assembly Bill 1506 (AB 1506), codified in California Labor Code § 2699(d). California Labor Code Section 2699(d) amends the California Private Attorneys General Act (PAGA) to provide California employers with a 33 Day Cure Period for alleged violations of California Labor Code §§ 226(a)(6) and 226(a)(8), which require all California employers to specify on an employee’s wage statement: (i) the name and address of the “legal entity” that is the employer and (ii) the inclusive dates of the period for which the employee is being paid.

The 33 Day Cure period begins to run on the date postmarked on the notice to cure a wage statement. The violation(s) is/are cured as soon as the employer provides the employee with a fully compliant, itemized wage statement for each pay period (up to three years back) prior to the date of the written notice. The employer must give written notice to the aggrieved employee by certified mail within the 33 Day Cure time period that the alleged violation has been cured, including a description of actions taken. Once the employer takes these steps, the employee may not commence a civil action pursuant to § 2699 of PAGA.

California Labor Code § 226 requires an employee’s wage statement to include an accurate itemized statement of the following information:

1. gross wages earned;
2. total hours worked by the employee (expect for salaried employees who are exempt from overtime pay);
3. the number of piece-rate units earned (if the employee is paid on a piece-rate basis);
4. all deductions;
5. net wages earned;
6. the dates of the period for which the employee is paid;
7. the name of the employee and only the last four digits of the employee’s Social Security number;
8. the name and address of the employer (or legal entity that is the employer); and
9. all applicable hourly rates in effect during the pay period and numbers of hours worked at each hourly rate by the employee.