PAY STUB LAW 2022: PAY STUB REQUIREMENTS PER STATE

Are Employers Required to Provide Pay Stubs? What the Law Says

Pay stub laws in the United States vary from state to state or city to city, where some do not require employers to provide pay stubs to employees.

Payroll periods also tend to vary from company to company and if you’re an independent contractor, it is your responsibility to create your own pay stubs.

 


In general, however, employers are legally required to provide employees with accurate and complete pay stubs that itemize all deductions, withheld taxes and other withholdings, as well as the employee’s total earnings.

NO REQUIREMENT STATES

Some states require employers to produce pay stubs while some do not.

Here is a list of states that do not require paystubs, it is also important to note that some of these states allow employers the option to deliver online or electronic check stubs, but it is not mandatory:

  • Alabama
  • Arkansas
  • Florida
  • Georgia
  • Louisiana
  • Mississippi
  • Ohio
  • South Dakota
  • Tennessee

 

Access States

These states require employers to show employees electronic information or online information pertaining to their pay periods. These states in effect, require electronic pay stubs:

  • 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

Access/Print States

These states require employers to make sure that paystubs are printable by employees and give them access to their pay information.

However, their pay information is not mandatory to send every month with their paychecks.

  • California
  • Colorado
  • Connecticut
  • Iowa
  • Maine
  • Massachusetts
  • New Mexico
  • North Carolina
  • Texas
  • Vermont
  • Washington

Opt-In States

Only Hawaii requires employers to get consent from employees to give them their pay stubs electronically. If not, you have to print their stubs.

Opt-Out States

These cities require their employers to make sure they get consent prior to giving out online stubs, however employees must be given the privilege to opt-out and then receive printed pay stubs again.

Opt-out states have a specific method of delivery and these can include a paycheck or the pay envelope

  • Delaware
  • Minnesota
  • Oregon

What’s in a pay stub?

Pay stubs generally contain the gross and net pay of employees including their deductions.

Check stubs allow employees to track their income over time and even make calculations like their YTD and stay on top of taxes. Paystubs are the primary source of proof of income and payments an employee, or an independent contractor receive.

Is there a penalty for employers not providing pay stubs?

It generally varies from state to state, and even if there are laws allowing you to skip out on pay stubs, you will still be needing your check stubs anyway because they are required for filing W-2’s at the end of the year if you are an employer and 1099’s if you are an independent contractor creating paystubs for yourself.

Statutory penalties under the California Labor Code start at $50 for the first violation and rise to $100 for each subsequent violation. These penalties are assessed on a per-employee basis—up to a maximum of $4,000 for each employee who receives inaccurate pay stubs

SUMMARY TABLE

State

Pay Stub Requirements by State

Alabama

No requirements

Alaska

Employers must give employees access to pay stubs, in any format

Arizona

Employers must give employees access to pay stubs, in any format

Arkansas

No requirements

California

Employers must give employees written or printed pay stubs

Colorado

Employers must give employees written or printed pay stubs

Connecticut

Employers must give employees written or printed pay stubs

Delaware

Employers can give employees electronic pay stubs, but employees can opt-out and ask for paper stubs

Florida

No requirements

Georgia

No requirements

Hawaii

Employers can only give employees electronic pay stubs if they opt into it

Idaho

Employers must give employees access to pay stubs, in any format

Illinois

Employers must give employees access to pay stubs, in any format

Indiana

Employers must give employees access to pay stubs, in any format

Iowa

Employers must give employees written or printed pay stubs

Kansas

Employers must give employees access to pay stubs, in any format

Kentucky

Employers must give employees access to pay stubs, in any format

Louisiana

No requirements

Maine

Employers must give employees written or printed pay stubs

Maryland

Employers must give employees access to pay stubs, in any format

Massachusetts

Employers must give employees written or printed pay stubs

Michigan

Employers must give employees access to pay stubs, in any format

Minnesota

Employers can give employees electronic pay stubs, but employees can opt-out and ask for paper stubs

Mississippi

No requirements

Missouri

Employers must give employees access to pay stubs, in any format

Montana

Employers must give employees access to pay stubs, in any format

Nebraska

Employers must give employees access to pay stubs, in any format

Nevada

Employers must give employees access to pay stubs, in any format

New Hampshire

Employers must give employees access to pay stubs, in any format

New Jersey

Employers must give employees access to pay stubs, in any format

New Mexico

Employers must give employees written or printed pay stubs

New York

Employers must give employees access to pay stubs, in any format

North Carolina

Employers must give employees written or printed pay stubs

North Dakota

Employers must give employees access to pay stubs, in any format

Ohio

No requirements

Oklahoma

Employers must give employees access to pay stubs, in any format

Oregon

Employers can give employees electronic pay stubs, but employees can opt-out and ask for paper stubs

Pennsylvania

Employers must give employees access to pay stubs, in any format

Rhode Island

Employers must give employees access to pay stubs, in any format

South Carolina

Employers must give employees access to pay stubs, in any format

South Dakota

No requirements

Tennessee

No requirements

Texas

Employers must give employees written or printed pay stubs

Utah

Employers must give employees access to pay stubs, in any format

Vermont

Employers must give employees written or printed pay stubs

Virginia

Employers must give employees access to pay stubs, in any format

Washington

Employers must give employees written or printed pay stubs

West Virginia

Employers must give employees access to pay stubs, in any format

Wisconsin

Employers must give employees access to pay stubs, in any format

Wyoming

Employers must give employees access to pay stubs, in any format

 

Creating pay stubs should be done on time and right when you’re being paid. This means you don’t have to worry about tracking your income if you’re an employee, or getting hounded for check stubs if you’re an employer.

If it’s mandatory electronic, or mandatory printing, you must follow local statutes and mandates. Check stubs are there to file taxes and to prove income over a given period of time. Click the button on the right to create your own pay stubs!