Pay Stub Law 2020

Federal Payroll Law

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.

When it comes to pay stubs, we’re concerned with the record-keeping aspect of this Act. Because, while the FLSA requires that employers keep accurate records of hours worked and wages paid, this doesn’t mean employees don’t have a right to see their wages information.

How long do employers need to keep employee information?

Under the FLSA, employers need to keep records for at least three years. This includes payroll information, collective bargaining agreements, sales and purchase records. The records may be kept at the place of employment or in a central records office.

Records on which wage calculations are based (time cards, schedules, records of wage additions/deductions) should be retained for two years. These records must be open for inspection by the Department of Labor’s representatives, who may ask the employer to make extensions, computations, or transcriptions.

Who is affected by the Fair Labor Standards Act?

The FLSA applies to employers with annual sales equal to $500,000 or more, or who are engaged in interstate commerce. This may sound restrictive, but the FLSA covers almost 90% of US workplaces.

Every employer covered by the FLSA must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about each employee, as well as data about the hours worked and the wages earned.

The FLSA requires this information to be accurate. Basic records that an employer must maintain include:

1. Employee’s full name and social security number
2. Address, including zip code
3. Birth date, if younger than 19
4. Sex and occupation
5. Time and day of week when employee’s workweek begins
6. Hours worked each day
7. Total hours worked each workweek
8. Basis on which employee’s wages are paid (e.g., “$9 per hour”, “$440 a week”, “piecework”)
9. Regular hourly pay rate
10. Total daily or weekly straight-time earnings
11. Total overtime earnings for the workweek
12. All additions to or deductions from the employee’s wages
13. Total wages paid each pay period
14. Date of payment and the pay period covered by the payment

Cost of Non-Compliance

Consequences and costs of non-compliance vary, depending on local law. But it’s best to avoid a Department of Labor (DOL) audit. For example, in New York, employees who do not receive proper pay stubs can be entitled to recover damages of up to $250 per violation, up to $5,000 per employee.

Even if an employer isn’t required to provide employees with pay stubs, should an employee request access, it’s good practice to allow them to review their records.

Ensuring Payroll Compliance

The best way to ensure country-wide compliance no matter what is to choose a payroll provider that specializes in delivering an effective and accurate service. As a provider of award-winning international payroll, FMP Global is used to navigating the complexities of multiple compliance.

When should I receive my pay stub?

In the US, Federal law does not require employers to pay between specific intervals (for instance, weekly, bi-weekly or monthly), however, state laws might. The Fair Labor Standards Act says that employers must pay their workers “promptly.” Though unspecific, it is generally understood that pay should be received as soon after the most recent pay period as possible.

Should my pay stub be paper or electronic?

This depends on the state where the employment is based. As presented above, if you are in one of the eleven states that require employers to provide printed statements, then your pay stub will be delivered in printed form. It most of these ‘Printed’ states, employers are allowed to provide these electronically, as long as they are printable.

If in one of the ‘Access’ states, employers must provide employees with access to a pay statement, however, this does not need to be printed. And finally, if you are in a ‘No Requirement’ state, then employers are not required to give you a pay stub at all.

What deductions can employers make on pay stubs?

Your employer will withhold a certain amount from your pay for taxes and items dictated by FICA, such as Federal Income tax and Social Security contributions. Employers can make deductions from your pay stub that are either:

• legally authorized
• voluntarily authorized by the employee for themselves

Legally authorized payments include things like meals, housing, transportation, debts owed to the employer, child support and alimony. Voluntarily authorized deductions can be things like charitable contributions or insurance and can be made even if the employee’s pay falls below minimum wage after deduction.

Employers cannot deduct items that could be considered to be of benefit or convenience to the employer. They also cannot deny or adjust compensation retroactively as punishment for poor performance.

Can I insist on a paper pay stub?

If you are located in a ‘Printed / Access’ state and are not able to print your electronic statement, then yes – you should be able to request this.

My employer refuses to give pay stubs – what can I do?

If an employer refuses to give an employee a pay stub, then the employee may be able to sue in a court of law to obtain the requested records.

“While FLSA does not require the pay stub statement, most states require that the information be available to the employee, but not necessarily as a paper paystub,” Attorney Eric D. Anderson of Eric D. Anderson Law, Ltd.

What information is included on a pay stub?

A pay stub typically includes:

• Employee information – name, social security number, address
• Dates for the pay period
• Employee’s pay rate
• Gross earnings before deductions
• Taxes withheld, e.g. federal income tax
• Employee contributions, e.g. pensions contributions
• Deductions, e.g. for insurance
• Net pay (the total amount an employee takes home after taxes, contributions and deductions are removed)

To find out more, read our guide to understanding your pay stub.