Any employer who violates subdivision (a) of Section 226 shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250) per employee per violation in an initial citation and one thousand dollars ($1,000) per employee for each violation in a subsequent citation, for which the employer fails to provide the employee a wage deduction statement or fails to keep the records required in subdivision (a) of Section 226. The civil penalties provided for in this section are in addition to any other penalty provided by law. In enforcing this section, the Labor Commissioner shall take into consideration whether the violation was inadvertent, and in his or her discretion, may decide not to penalize an employer for a first violation when that violation was due to a clerical error or inadvertent mistake.
Notes of Decisions
Magadia v. Wal-Mart Assocs., Inc., 384 F. Supp. 3d 1058 (N.D. Cal. 2019).
· cites it 6× “Fifth, Wal-Mart believes that PAGA's "default" civil penalties are applicable here as opposed to the penalties under Cal. Lab. Code § 226.3 . ECF No. 198 at 15.”
Willner v. Manpower Inc., 35 F. Supp. 3d 1116 (N.D. Cal. 2014).
“3d 363, 368 (2011) (construing the term “inadvertent” in California Labor Code Section 226.3); Rd.”
Helm v. Alderwoods Grp., Inc., 696 F. Supp. 2d 1057 (N.D. Cal. 2009).
“See Cal. Labor Code § 226.3 (“In enforcing this section, the [Agency] shall take into consideration whether the violation was inadvertent .”
Ruelas v. Costco Wholesale Corp., 67 F. Supp. 3d 1137 (N.D. Cal. 2014).
“(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty.”
Zhou v. Chai (N.D. Cal. 2025).
· cites it 3× “Code § 558 and Industrial Welfare 20 Commission Order 5-2001 as to the three cooks; and (3) failure to furnish an accurate itemized 21 wage statement pursuant Cal. Lab. Code, § 226.3 as to all nine former employees.”
Cabardo v. Patacsil (E.D. Cal. 2020).
· cites it 2× “Civil Penalties under Cal. Lab. Code § 226.3 7 Under Cal. Lab. Code § 226.”
Cycely M. Snow v. United Parcel Serv., Inc. (C.D. Cal. 2020).
· cites it 2× “Value of a “Subsequent” Violation under Section 226 Lastly, the parties disagree over whether the increased penalties for subsequent violations of Cal. Lab. Code § 226.3 apply here. Plaintiff seeks penalties for inaccurate wage statements under Cal.”
Guerrero v. Nwestco, LLC (E.D. Cal. 2022).
· cites it 2× “See 12 Cal. Lab. Code § 226.3 . Defendant’s calculation of $6,250 13 (Def.”
Garcia v. Commonwealth Fin. Network (S.D. Cal. 2020).
· cites it 2× “9 Cal. Lab. Code § 226.3 . 10 CFN assumes that every wage statement Garcia received during her employment 11 violated section 226(a).”
Clayborne v. Lithia Motors, Inc. (E.D. Cal. 2021).
“And civil penalties for violations of § 226(a) are set out under 7 California Labor Code § 226.3, which simply states that “[a]ny employer who violates subdivision 8 (a) of Section 226 shall be subject to a civil penalty” without reference to the requirements of 9 § 226(e).”
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