Employer Not Giving Pay Stubs? Here Is What To Do

Is your employer not giving pay stubs? This can be challenging and confusing. If your employer doesn't give you a pay stub, the first step to take is to request one. If they refuse to give you, contact your State's Department of Labor. However, while some states mandate that employers provide pay stubs, others don't. 

Pay stubs show exactly how much you earned, what was deducted, and how much you're taking home. Without them, it becomes harder to track your income, prove earnings, or plan your finances. You can use a paystub generator to create one for personal records and financial planning when you can't get one from your employer. 

In this article, we’ll explain why pay stubs matter and what to do if your employer refuses to give you one. It also explains how to obtain pay stubs from previous employers and what to do with old pay stubs. 

Why Pay Stubs Matter to Employees

Pay stubs are not just routine payroll documents. They are essential records that help employees understand their pay and manage their finances. They can be issued as paper pay stubs or electronic pay stubs. 

When an employer refuses to provide pay stubs, employees lose access to important pay information. Pay stubs help employees verify their pay by showing employees their:

• Gross wages earned

• Total hours worked

• Pay stub deductions

• Net pay for each pay period 

• YTD earnings 

This allows employees to confirm that they were paid correctly. It also helps employees spot errors early, before they become continuous problems. Below are some reasons why employee pay stubs are essential. 

Reliable Proof of Income

Lenders, landlords, and government agencies rely on pay stubs to verify income. A pay stub shows payment date, salary information, and the employee’s earnings. This makes them more reliable proof of income than bank statements alone.

Taxes and Benefit Claims

Pay stubs help employees match wages paid with tax returns, social security records, and benefit applications. Old pay stubs are often needed during audits or disputes.

Financial Control

Access to accurate pay records gives employees financial control. It helps employees budget and plan their finances.

Read more:What Does Ytd Mean On A Pay Stub? A Clear Guide

Are Employers Legally Required To Provide Pay Stubs Under Federal Law?

Federal law does not mandate employers to distribute pay stubs. However, under the Fair Labor Standards Act, employers must keep accurate payroll records. These records must show employees’ wages paid, hours worked, and other pay details. 

Furthermore, there is no single national rule that explains how pay stubs must be issued in the United States. Rules governing the issuance of pay stubs to employees are set by individual states, not the federal government.

How States Handle Pay Stub Requirements

Some states' laws mandate employers to provide pay stubs each pay period, while others do not. Furthermore, some states have laws on how pay stubs should be issued. To make these differences easier to understand, states are often grouped informally into three general categories. These labels are not official legal terms, but they help explain how states commonly approach paper and electronic pay stubs.

Opt-In States

In states described as opt-in, employers need employee consent before switching to electronic pay stubs. Until the employee agrees, employers provide physical copies each pay period. This is to ensure that employees are comfortable receiving their pay stubs electronically.

Some opt-in states include:

• Rhode Island

• South Dakota 

• South Carolina 

Access States

In these states, the primary legal requirement is that employees have easy, ongoing access to their pay information. Pay stubs do not always have to be printed on paper.

Electronic pay stubs are generally acceptable as long as employees can view and download them without difficulty. These states focus more on employee access than on the format of the pay stub itself.

Some access states include:

• North Carolina

• North Dakota 

Opt-Out States

In states often grouped as opt-out states, employers may provide electronic pay stubs by default. However, employees usually have the right to request physical copies instead. Employees can also change their preferences later. This gives them flexibility in how they receive their pay information.

Opt-out states include:

• Delaware 

• Minnesota

• Oregon 

Even in states where employers are not required to issue pay stubs, they must still maintain complete payroll records. If an employer fails to provide pay stubs in a state where they are legally required, they could face penalties. Employees may report the issue to their state labor department for review and possible enforcement.

Also check: Our free paystub generator to create accurate pay stubs.

Common Reasons an Employer Refuses To Give Pay Stub

Here are some reasons why your employer may not provide pay stubs

Small Businesses With Informal Payroll

Many small businesses lack formal payroll systems. They may rely on manual record-keeping or direct deposits without issuing paycheck stubs. While they must still track hours worked and wages, employees may not receive a pay stub. 

Direct Deposit Without Documentation

Some employers assume that paying employees through direct deposit eliminates the need to issue pay stubs. This can leave employees without complete information about tax deductions or salary information. It can also make it difficult to verify the employee’s wages.

Cost or Resource Concerns

Some employers believe that pay stubs are unnecessary expenses. This may be common in opt-out states. However, employers must maintain accurate payroll records and can face penalties if they fail to comply with pay stub laws.

Employer Not Giving Pay Stubs? What To Do

You don't need to worry if your employer doesn’t provide pay stubs. There are still some alternatives you could use. Here's what you can do:

1. Try Using a Pay Stub Generator

A pay stub generator is a simple tool that you can use to create your pay stubs online. They contain all records of your earnings. Employers and employees can create professional pay stubs with a pay stub generator. This usually comes at an affordable cost.

However, employee-generated pay stubs do not replace employer-issued pay stubs. They should only be used for personal records or where third parties accept them.

2. Ask for a Proof of Income Letter

Another option to obtain your pay stub is to ask for proof of income from your employer. This letter typically includes your name, job title, and your duration of employment. 

It also includes your salary or wages and the company's contact info. You can also use this to verify your income instead of a pay stub.

3. Use Other Financial Documents

If pay stubs are unavailable, you can use other documents. For example, your tax return, W-2 and 1099 forms, or your bank statements. They can serve as alternative proof of income. 

Employees can use their W-2 forms to verify their income if their employer doesn’t provide pay stubs. You can easily get a W2 online. 

On the other hand, 1099 forms work for independent contractors in place of an independent contractor's pay stub. Independent contractors can also generate personal pay stubs with a stub maker.

4. Talk to a Legal or Financial Expert

You can also decide to consult a legal professional. This especially applies when an employer doesn’t provide pay stubs and is required to do so by state laws. A labor attorney can guide you on what steps to take to file a complaint or take further action.

Also check: Our W2 generator to create accurate W2 forms for proof of income. 

Can You Recover Old Pay Stubs From a Previous Employer?

Yes, you can often get old pay stubs from a previous employer. Employers in the U.S. are required to keep payroll records for at least three years.  

Even after leaving a job, employers must comply with pay stub requirements in many states. If your former employer refuses, you may contact the Department of Labor or your state labor agency for assistance.

Also Read:What Are The Differences Between A Pay Stub Vs Payslip?. 

How To Get Old Pay Stubs From Previous Employers

Below is how to get pay stubs from your previous employer:

1. Contact your employer directly: You can request your pay stubs via email, phone, or written letter. You should also specify the pay periods you need.

2. Request electronic pay stubs: Many companies keep digital payroll records that are easier to access. If your company falls under this category, you can easily request an electronic pay stub. 

3. Seek official help: If your employer refuses to give you, you can reach out to officials. Contact the Department of Labor or your state labor office to request your employment records.

Read more:A Complete Resource on How to Get Pay Stubs from a Previous Employer

Employer Not Providing Pay Stubs? When To Reach Out to the Department of Labor

Whether you can sue an employer for not providing pay stubs depends mainly on state law, not federal law. 

At the federal level, U.S. law requires employers to keep accurate payroll records. However, it does not require employers to provide pay stubs directly to employees. Because of this, federal law alone usually does not allow an employee to sue just because pay stubs were not provided.

However, some states have specific laws that require employers to issue employees pay stubs. In those states, an employer who refuses to provide required pay stubs may violate state labor laws.

In most cases, the first step is not a lawsuit. Employees are usually expected to:

• Request the pay stubs from the employer or payroll department.

• File a complaint with the state labor department if the employer refuses

Legal action may be possible only in states that clearly require pay stubs. Employees can take legal action when:

• Employers repeatedly ignore requests for required pay stubs.

• The employer provides pay stubs that are incomplete or inaccurate under state law.

• Required pay stubs are not given within the time period set by state regulations.

If you believe your employer is violating your state’s pay stub laws, contact a labor attorney or your state labor agency. They can help you understand your rights and the next steps to take. 

Final Thoughts

Employees have the right to request their pay stub from their employer if their state law requires it. You need to be clear when requesting your pay stub. Sometimes, there may be a valid reason for your employer not giving pay stubs. Communicate with your employer to clear up any confusion. You can then take action if they outright refuse to provide it. It is essential to know how your employer manages payroll documents and stores employee records.

Looking for a reliable pay stub creator? We've got you covered! Our tool helps to manage pay records by providing accurate pay stubs that make it easy. Try using our user-friendly pay stub maker to generate pay stubs today.