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!