Wage statement / payroll records request (Lab. Code 226(b)): employer must comply within 21 calendar days of the request
21 days after date of the written or oral request to inspect or copy records under lab. code 226(b), under Cal. Lab. Code 226(c).
Rule text
(c) An employer who receives a written or oral request to inspect or receive a copy of records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request.
Calculate this deadline
Deadline
Monday, November 30, 2026
- Trigger (Date of the written or oral request to inspect or copy records under Lab. Code 226(b)): Friday, November 6, 2026.
- Exclude the trigger day and count 21 calendar days: Friday, November 27, 2026.
- That day is a Day after Thanksgiving, so the deadline moves to the next court day: Monday, November 30, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Lab. Code 226(c)
(c) An employer who receives a written or oral request to inspect or receive a copy of records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Runs from the date of the REQUEST (not receipt), and an oral request suffices. Violation is an infraction; impossibility of performance not caused by a violation of law is an affirmative defense (226(c)). The $750 penalty for failure to comply is in 226(f) (not modeled). Roll assumes CCP 12a applies; comply by the unrolled date to be safe.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of the written or oral request to inspect or copy records under Lab. Code 226(b) on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.
- Trigger (Date of the written or oral request to inspect or copy records under Lab. Code 226(b)): Monday, March 15, 2027.
- Exclude the trigger day and count 21 calendar days: Monday, April 5, 2027.
Notes
Runs from the date of the REQUEST (not receipt), and an oral request suffices. Violation is an infraction; impossibility of performance not caused by a violation of law is an affirmative defense (226(c)). The $750 penalty for failure to comply is in 226(f) (not modeled). Roll assumes CCP 12a applies; comply by the unrolled date to be safe.
Related deadlines
- FEHA employment complaint: file with the Civil Rights Department (3 years) (36 months after)
- FEHA complaint: extension to 1 year after the aggrieved person turns 18 (12 months after)
- FEHA civil action: file within 1 year of the CRD right-to-sue notice (12 months after)
- CRD 150-day mark: right-to-sue notice available on request if CRD has not sued (150 days after)
- CRD must issue right-to-sue notice no later than 1 year after complaint (12 months after)
- CRD's own civil action (individual complaint): within 1 year after complaint filed (12 months after)
- CRD's own civil action on group/class or Ralph Act complaint: within 2 years (24 months after)
- EEOC charge (Title VII): 300 days in a deferral state such as California (300 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.