Sec. 3. Pay stub requirements
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Section 11 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211 ) is amended by adding at the end the following: Each employer shall provide an initial disclosure to each employee who is not subject to the exemptions set forth in section 13 within 15 days of the date such employee is hired or any of the information in subparagraphs
(A)through
(C)changes with respect to that employee. Such disclosure shall include— the rate or rates of pay and whether the employee is paid by the hour, shift, day, week, or job, or by salary, piece rate, commission, or other form of compensation; the name of the employer and any other name used by the employer to conduct business; and the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if such mailing address is different from the address of the main office or principal place of business. Each employer shall disclose to each employee who is not subject to the exemptions set forth in section 13 in a pay stub provided each pay period— the pay period covered; the name of the employee and the last four digits of the employee’s Social Security number; the total hours worked by the employee, including the number of hours worked per workweek in the pay period; in the case of an employee who is paid an hourly wage, the total gross and net wages paid, and the rate of pay for each hour worked; in the case of an employee who is paid a salary in lieu of an hourly wage, the amount of salary paid during the pay period; in the case of an employee employed at piece rate, the number of piece-rate units earned, the applicable piece rate, and total amount paid in accordance with such piece rate; and in the case of an employee who receives commission or is paid on the basis of any other type of rate, the total amount paid in commission or in accordance with such rate and any additional information relating to such pay as determined by the Secretary; the number of overtime hours worked during each workweek of the pay period and the hourly rate of pay for each such overtime hour, or, in the case of an employee employed at piece rate, the piece rate paid for each such overtime hour; any additional compensation paid or benefits provided, including an explanation of each type of compensation or benefit; and any deductions, with an explanation of each deduction, and any allowances or reimbursements, with an explanation of each allowance or reimbursement. In disclosing the information required to be disclosed pursuant to subparagraphs
(F)and
(G)of paragraph (2)— the compensation and benefits required to be disclosed include— any bonus, paid leave (including paid vacation or personal time, paid sick leave, or any other paid leave), or other compensation; any employer contributions to health care coverage or to a retirement account for the employee and any transit or other benefits provided by the employer; and any additional form of pay that is required under State or local law, or for which records are required to be kept pursuant to State or local law, such as reporting time pay, split shift pay, paid sick leave, or paid family or medical leave. the allowances and reimbursements required to be disclosed include any amounts paid to or reimbursed to an employee for meals, clothing, lodging, or any other item for which the employer makes an allowance or provides a reimbursement; and the explanation for any additional compensation, benefits, allowances, or reimbursements shall be itemized and may not be described as miscellaneous . The pay stub required by paragraph
(2)shall be provided to an employee each pay period and may be provided— as a separate document, accompanying an employee’s pay; as a detachable part of a paycheck for employees receiving a paycheck; or electronically, at the election of the employee, if the employee receives his or her pay through electronic deposit. . Section 11 of such Act is further amended by adding at the end of subsection
(c)the following: An employer shall keep records of the information disclosed in an employee’s pay stub, as required by subsection (e), for a period of three years from the date of issuance of each pay stub. . Section 11 of such Act is further amended by adding at the end of subsection
(a)the following: In the event that an employee requests an inspection of such employee’s records described in subsection (c), the employer shall provide copies of such records for a period of up to three years prior to such request. An employer shall comply with an employee’s requests to inspect records within 21 days of such request. . Section 11 of such Act is further amended by inserting after subsection
(e)(as added by subsection (a)) the following: Every employer subject to any provision of this Act or of any order issued under this Act shall provide a notice to each employee within 15 days of the date of hire that includes— a description of the employee’s right to receive a pay stub and the information which the pay stub must contain; the address and telephone number for the applicable local office of the Department of Labor; and such additional information as the Secretary shall require by regulation. In the case of employees employed by an employer on the date of enactment of this Act, the employer shall provide the notice described in paragraph
(1)within 15 days of the effective date of the Pay Stub Disclosure Act. . The section heading of section 11 of such Act is amended by inserting after Pay stub Disclosures, . Records,
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Sec. 3
Pay stub requirements
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