Around 25 percent of US workers have had an error in their paycheck at one point. Pay Stub Requirements by State
It could be the number of hours worked is incorrect, or the math to determine how much FICA should be was off. No matter what the cause, Pay Stub Requirements by State having a pay stub to break it all down helps the employee double-check that everything is as it should be.
It’s part of good payroll practice to provide them regardless of the specific state or federal pay stub requirements. With that in mind, let’s take a look at what’s required to stay in compliance.
Federal Pay Stub Requirements
At the federal level, the rules are laid out in the Fair Labor Standards Act or FLSA. It sets the minimum wage and overtime rules, along with child labor laws.
The record-keeping part of the law covers your requirements for keeping up with employee time and pay records. However, there are no rules in the law about providing employee pay stubs. You have to generate them, but you don’t have to give them to workers.
Instead, most pay stub requirements fall under state law.
Requirements By State
At the state level, things start to get a little messier. Some states require them, while others don’t. On top of that, there might be rules about whether paystubs can be digital or have to be printed. Even if the state allows for electronic stubs, employees might be able to opt-out of receiving them that way and get a paper version instead.
When they are required, the stub usually must have standard pay stub information such as date, gross wages, and taxes.
Here’s a breakdown of the pay stub requirements by state.
No pay stub requirements
- South Dakota
Pay stub required in written, printed, or electronic form
- New Hampshire
- New Jersey
- New York
- North Dakota
- Rhode Island
- South Carolina
- West Virginia
Written or printed pay stubs required
- New Mexico
- North Carolina
Can opt-out of electronic and get printed instead
Must opt-in to electronic, making printed the default option
Need Help Keeping Up With Pay Stub Laws?
While there are no federal pay stub requirements, each state does have rules about what needs to be on the pay stub and how they should be provided. If your company has employees in more than one state, your payroll department must keep up with the individual state pay stub laws to keep you in compliance. In all cases, it’s a good idea to have the information available for employees to review.
Want to make payroll tasks easier? Use the easy generator that can create branded pay stubs using a paystub template that meet all legal requirements.
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