Paycheck Stub Requirements According to State
Close to 100 percent of workers are now receiving their pay by direct deposit, but paper checks are still used by several small businesses today.
The Fair Labor Standards Act (FLSA) does not require employers to provide pay stubs, but it does require them to keep accurate records of their employees’ wages and hours worked. Thus, before you decide how to go about paying your staff, make sure you’re following state compliance.
States that DO NOT Require Pay Statements
There are presently nine states with no requirement for employers to hand out pay stubs to workers, but if chosen by the employers, pay stubs may be given in electronic format. These states include:
States that Require ACCESS to Pay Information
In some states, on the other hand, employers are required to furnish employees with pay stubs that break down their pay information. However, for the pay statement to be on paper is not a must. Here are those states:
A sensible interpretation of the law suggests that employers can meet these states’ pay stub requirements through digital means. In any case, employees should be able to access the electronic or digital pay stubs.
Keep in mind though that even with most states adopting this interpretation, some state agencies may require more items – for example, the ability to print the electronic pay stubs.
States that Require Pay Information ACCESS AND PRINT Capability
Certain states require written or printed pay statements to be provided by employers to workers. The pay statements though are not strictly to be given with the check or in another form. Logical interpretation of this law says an employer can meet this pay stub requirement by providing workers with printable electronic pay stubs. It is the employers’ lookout to guarantee that the electronic pay stubs are accessible to employees and can be printed anytime.
Yet again, there may be additional items required by some state agencies, like the worker’s consent to receive electronic pay stubs. The above applies in the following states:
Right now, the state of Hawaii is the only state where employees must consent to employers’ implementation of a digital or electronic pay system. Employers in this state have to provide a printed or written pay statement which contains details of the worker’s pay information, unless the worker has agreed beforehand to get their pay statement in digital format.
If the state chooses a certain means of delivery, like on the pay envelope or pay check, the employee must agree to electronic delivery. If employers in an opt-out states – Delaware, Minnesota and Oregon, implement a paperless pay system, their employees must be able to opt-out so they can go back to receiving their pay information in written or printed pay stubs again.