The federal government doesn’t have a law on pay stubs that states are required to follow. However there is a law called the Fair Labor Standards Act requires employers to “keep employee time and pay records”. The State’s Department of Labor website determines the rules for stubs for pay for your state.
The first thing to do is verify that it’s an opt-out state:
Opt-out States
If a business wants to change the method of delivering pay stubs it must obtain the consent of the employee. If the employee isn’t willing to consent to the changes, the company will stick to its previous method of delivery. Here are the most common opt-out provisions:
Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Ohio, South Dakota, and Tennessee
Opt-in States:
The company has to provide an electronic version of the pay stub. If an employee opts to receive pay stubs electronically the paper version isn’t mandatory. Here are the most common opt-out states:
California, Colorado, Connecticut, Iowa, Maine, Massachusetts, New Mexico, North Carolina, Texas, Vermont, and Washington.
Complex States:
In addition states with more intricate rules than simply either opting out or opting in. The rules for each state are different:
Delaware, Hawaii, Minnesota, and Oregon.
Then, you must determine the requirements specific to your state:
No requirement: Some states have not established statewide guidelines for pay stubs. In the end employers are not obliged to issue the pay stub.
Access says: These states require you to submit a form of pay stub, whether it’s one that is paper or electronic.
Access/print says: In these states you may provide the paper or electronic versions. But, your employees must be able to print their pay stub or browse it online.
If you have a business in several states, you might need to satisfy a myriad of specifications.
