When is the last time you looked at your pay stub? Do you receive them at all? While there’s no true requirement put in place by the Fair Labor Standards Act, all companies – no matter what state they’re in – must provide some method of employee pay information.
Below are descriptions of each level of access, and what states provide each.
Note: This is a general overview, and there are many understandings in each state even after the type of access is determined.No requirement:Employers don’t have to supply statements outlining employee pay information. They can still choose to provide pay stubs electronically. States include: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Ohio, South Dakota, Tennessee.
Access:In states with an access policy, employers have to provide some statement of pay. There is no law declaring this should be written on paper, but most states with this rule interpret it as giving employees access to electronic pay stubs. States include: Alaska, Arizona, Idaho, Illinois, Indiana, Kansas, Kentucky, Maryland, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Utah, Virginia, West Virginia, Wisconsin, Wyoming.
Similar to the access policy, states require businesses to provide a printed pay statement for all employees. However, this is generally construed to mean employees must be able to access their pay stubs electronically and be able to print them easily, as well. States include: California, Colorado, Connecticut, Iowa, Maine, Massachusetts, New Mexico, North Carolina, Texas, Vermont, Washington.
Employees in states with this regime must consent to specific methods of delivery. For example, if a company rolls out a new paperless program, employees must be allowed to “opt-out” and keep receiving their paper pay stubs instead. States include: Delaware, Minnesota, Oregon.
Opt-In:Companies in Hawaii must offer written or printed pay statements unless the employee agrees to receive his or her pay statement electronically. Hawaii is the only state to require this type of consent.
Want sources or more information? More about pay and labor requirements can always be found at the Department of Labor’s website.
These free resources should not be taken as tax or legal advice. Content provided is intended as general information. Tax regulations and laws change and the impact of laws can vary. Consult a tax advisor, CPA or lawyer for guidance on your specific situation.