Los Angeles, CA asked in Civil Litigation and Employment Law for California

Q: What should I do now that my W- 2 has a different employer information from my paystubs?

I would like to know if I can submit a documentation or proof that my W-2 should have the same employer information with my 2021 paystubs to our HR department. The W-2 employer information is an HR outsourcing company, not my current employer information.

2 Lawyer Answers

A: It could well be that your employer essentially transferred all employees to the HR outsourcing company, so you really are technically an employee of that new company. It happens all the time. Why it matters to you is the question.

If there was a problem with your employment, both companies would likely have exposure as joint employers.

As to the W-2, I cannot see it makes a difference what employer is reported as having paid you the money and withdrew money from your checks to pay the various government entities.

Good luck to you.

Yelena Gurevich and Maya L. Serkova agree with this answer

A: Compare your paystub with your W-2. Your employer is obligated to provide the true name and address of the employer on your paystubs under Labor Code 226(a)(8). The first violation entitles the employee to a $50.00 penalty and an additional $100.00 for each violation thereafter up to a max of $4,000.00.

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