Are Employers Required to Provide Paystubs?
The requirement for employers to provide paystubs is not a universal obligation and largely depends on the geographical location or the state of employment.
No Federal Mandate for Employers to Provide Paystubs
In the United States, there is no federal law requiring pay stubs, and the obligation is determined at the state level.
The Fair Labor Standards Act (FLSA) requires employers to keep records of hours worked, wages paid, and tips reported, but it does not explicitly require them to divulge this data to employees in the form of a pay stub.
According to Section 211(c) of the Fair Labor Standards Act (FLSA), every employer subject to the Act must “make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom to the Administrator as he shall prescribe by regulation or order as necessary or appropriate…” While the FLSA mandates the keeping of records concerning wages and hours, it does not explicitly require the creation or retention of paystubs as the specific format for these records provided to employees.
Paystub Requirements Per State
While most US states mandate access to pay information, some, like Florida and Mississippi, have no explicit requirement. The requirement to provide access to a paystub depends on the state. Here is a list of all the states and the corresponding column indicating whether or not paystubs are required.
The increasing use of online portals means physical stubs are less common, but access to pay details remains crucial. Most states mandate that employees at least receive access to a pay stub. If pay stubs are available online through payroll portals (like ADP, PayChex, or Workday), this might fulfill the requirement in some states.
Even if paystubs are available online, your employer is required to provide a printed copy if you ask.
Generally in the US:
- The increasing use of direct deposit means that physical pay stubs are less commonly provided automatically in the US. Many employers utilize online payroll systems where employees can access their pay stubs.
- Many employers use online payroll portals (like ADP, PayChex, or Workday) where employees can log in to access their pay stubs.
It is important to obtain pay stubs to review deductions and ensure the correct amount of taxes is being withheld.
State Specific Examples
Paystub requirements vary across the United States, with regulations determined at the state level. Below are specific examples from three of the most populous states:
– California –
In California, employers are mandated to provide written or printed paystubs containing specific information:
- Gross wages earned
- Total hours worked (excluding salaried exempt employees)
- Piece-rate units earned and applicable rates, if relevant
- All deductions, itemized
- Net wages earned
- Inclusive dates of the pay period
- Employee’s name and last four digits of their Social Security Number (or an employee ID number)
- Employer’s name and address
Employers can provide electronic pay stubs, but employees must have the ability to print them.
– Texas –
Texas law requires employers to furnish employees with written or printed pay statements that include:
- Employee’s name
- Pay rate
- Gross wages
- Deductions
- Net pay
Electronic pay stubs are permissible if employees can access and print them.
– New York –
In New York, employers must provide employees with a pay statement each payday that includes:
- Dates of work covered by the payment
- Employee’s name
- Employer’s name, address, and phone number
- Rate or rates of pay and basis thereof (e.g., hourly, salary, commission)
- Gross wages
- Deductions
- Allowances, if any, claimed as part of the minimum wage
- Net wages
For non-exempt employees, the statement must also detail the regular hourly rate, overtime rate, and the number of regular and overtime hours worked.
Know Your Rights and Take Control of Your Pay Information
Understanding your right to access paystubs is essential—whether for reviewing your wages, tracking tax withholdings, or applying for loans or housing. While most states require employers to provide this information, the method and frequency can vary widely. If you’re having trouble obtaining your pay stubs from an employer or simply don’t know how to get started, take control of the situation. You can easily generate and download a professional paystub using a trusted tool like FormPros. Don’t wait—ensure you have the documentation you need today.
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