Sec. 101. Requirements to provide certain disclosures, regular paystubs, and final payments
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The Fair Labor Standards Act of 1938 is amended by inserting after section 4 ( 29 U.S.C. 204 ) the following: Not later than 15 days after the date on which an employer hires an employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, the employer of such employee shall provide such employee with an initial disclosure containing the information described in paragraph (3).
Such initial disclosure shall be— provided as a written statement or, if the employee so chooses, as a digital document provided through electronic communication; and made available in the employee’s primary language. Not later than the earlier of 5 days after the date on which any of the information described in paragraph
(3)changes with respect to an employee described in paragraph
(1)or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). The information described in this paragraph shall include— the rate 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; an indication of whether the employee is being classified by the employer as an employee subject to the minimum wage requirements of section 6 or as an employee that is exempt from (or otherwise not subject to) such requirements as provided under section 3(m)(2), 6, 13, or 14; and in the case that such employee is not classified as being an employee subject to such minimum wage requirements, an identification of the section described in clause
(i)providing for such classification; an indication of whether the employee is being classified by the employer as an employee subject to the overtime compensation requirements of section 7 or as an employee exempt from such requirements as provided under section 7 or 13; and in the case that such employee is not classified as being an employee subject to such overtime compensation requirements, an identification of the section described in clause
(i)providing for such classification; the name of the employer and any other name used by the employer to conduct business; and the physical address of and telephone number for the employer’s main office or principal place of business, and a mailing address for such office or place of business if the mailing address is different than the physical address. Every employer shall provide each employee of such employer who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, a paystub that corresponds to work performed by the employee during the applicable pay period and contains the information required under paragraph
(3)in any form provided under paragraph (2). A paystub required under this subsection shall be a written statement and may be provided in any of the following forms: As a separate document accompanying any payment to an employee for work performed during the applicable pay period. In the case of an employee who receives paychecks from the employer, as a detachable statement accompanying each paycheck. As a digital document provided through electronic communication, subject to the employee affirmatively consenting to receive the paystubs in this form. Each paystub shall contain all of the following information: The name of the employee. Except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the total number of hours worked by the employee, including the number of hours worked per workweek, during the applicable pay period. The total gross and net wages paid, and, except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the rate of pay for each hour worked during the applicable pay period. In the case of an employee who is paid any salary, the amount of any salary paid during the applicable pay period. In the case of an employee employed at piece rates, the number of piece rate units earned, the applicable piece rates, and the total amount paid to the employee per workweek for the applicable pay period in accordance with such piece rates. The rate of pay per workweek of the employee during the applicable pay period and an explanation of the basis for such rate. The number of overtime hours per workweek worked by the employee during the applicable pay period and the compensation required under section 7 that is provided to the employee for such hours. Any additional compensation provided to the employee during the applicable pay period, with an explanation of each type of compensation, including any allowances or reimbursements such as amounts related to meals, clothing, lodging, or any other item, and any cost to the employee associated with such allowance or reimbursements. Itemized deductions from the gross income of the employee during the applicable pay period, and an explanation for each deduction. The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period. The name of the employer and any other name used by the employer to conduct business. The name and phone number of a representative of the employer for contact purposes. Any additional information that the Secretary reasonably requires to be included through notice and comment rulemaking. Not later than 14 days after an individual described in paragraph
(4)terminates employment with an employer (by action of the employer or the individual), or on the date on which such employer pays other employees for the pay period during which the individual so terminates such employment, whichever date is earlier, the employer shall provide the individual with a final payment, which includes all compensation due to such individual for all time worked and benefits incurred (including retirement, health, leave, fringe, and other benefits) by the individual as an employee for the employer. An employer who violates the requirement under paragraph
(1)shall, for each day, not to exceed 30 days, of such violation provide the individual described in paragraph
(4)with compensation at a rate that is equal to the regular rate of compensation, as determined under this Act, to which such individual was entitled when such individual was an employee of such employer. Notwithstanding paragraphs
(1)and (2), any individual described in paragraph
(4)who intentionally avoids receiving a final payment described in paragraph (1), or who refuses to receive the final payment when fully tendered, resulting in the employer violating the requirement under such paragraph, shall not be entitled to the compensation provided under paragraph
(2)for the time during which the individual so avoids final payment. An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce. .
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Sec. 101
Requirements to provide certain disclosures, regular paystubs, and final payments
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