Though almost all employees now receive their salaries through direct bank deposit, many small businesses that have stuck with using paper checks for their payroll.
According to the Fair Labor Standards Act (FLSA), employers need not give employees pay stubs, but they do have to keep accurate records of these workers’ hours rendered and corresponding wages. Therefore, prior to choosing how to go about employee payments, make state compliance a priority. You’ll want to check this to learn more.
States with NO Pay Stub Requirements
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. Such states are the following:
States Requiring ACCESS to Pay Details
On the other hand, there are states that do require employers to furnish statements that detail employees’ pay information. However, for the pay statement to be on paper is not a must. Here are such states:
A logical understanding of the law suggests that compliance with pay stub requirements in this states can be done electronically. In any case, employees should be able to access the electronic or digital pay stubs.
However, remember that while interpretation is set in concrete in some states, other state agencies can require more – for instance, the capability to print the digital pay stubs.
States Requiring Pay Information ACCESS AND PRINT Capability
In some states, employers must provide employees a printed or written statement detailing the worker’s pay information. The pay statements though are not strictly to be given with the check or in another form. Reasonable interpretation of this law says that compliance by employers with this particular pay stub requirement is possible when they provide electronic pay stubs which employees can print on their own devices. It is the employers’ lookout to guarantee that the electronic pay stubs are accessible to employees and can be printed anytime. Do view here for further info.
Yet again, there may be additional items required by some state agencies, like the worker’s consent to receive electronic pay stubs. These are the states where the above applies:
At present, Hawaii is the only state which requires worker consent before an electronic pay system can be implemented. Except when the employee consented to the paperless method, the employer is required to provide a written or printed pay stub that includes the worker’s pay details.
When the state uses a particular method of delivery (for example, on the paycheck or pay envelope), employee consent is needed for 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.