Are paystubs required?

[mimamazzocchi]

What is the name of your state (only U.S. law)? Pennsylvania Is an employer required to give an employee pay stubs with each paycheck, and if so, what must the pay stub show. Also, what are the laws on overtime, and pay rate for overtime. My husband works for a small garage, it is just himself, and his boss. He supposedly gets paid $10/hr, according to his boss. He brings home paychecks of $330.00 weekly. His boss does not give him any paystubs with his check. He has asked for one, but still has not received anything. He and his boss are friends, and he didn't want to cause any problems for him, but would like to get a paystub. Also, he works from 8am till 5pm mon thru fri, and really isn't allowed to stop for lunch, if he does he has to eat very quickly and get right back to work. So technically, he is working 45 hours a week. I don't think he is getting paid for 45 hours, and would anything over 40 hours be considered overtime? Should overtime be paid at time and a half? He has worked there since April of 2008, and it has always been like this. If we need any proof of his income, we have to wait for him to call his accountant, and then he just writes it on the back of a business card. Isn't my husband entitled to see what is coming out of him each week, and the hours worked, and the pay rate? If so, is there anything we can do as far as getting compensated for all the hours he hasn't been paid for in the past? Thankyou in advance for any reply's.What is the name of your state (only U.S. law)?

 

[ESteele]

Does his boss provide your husband with an annual W-2 Form?

 

[mimamazzocchi]

yes he does.

 

[ESteele]

I do not know whether the IRS or some other government entity requires a small business employer to provide pay stubs if the employer already provides an annual W-2 Form. Why would you or your husband specifically need a weekly or bi-weekly pay stub in addition to your annual W-2 Form? In any event, if there is such a requirement, someone will likely come along in this thread and cite to the law or regulation mandating pay stubs.

With respect to overtime, the technical response would be if a non-exempt employee works more than 40 hours during a week he or she is entitled to overtime equal to 1.5 of his hourly wage. The practical response is do you want to push this issue with this employer at this time? While I am sympathetic to your family’s financial straits, I cannot readily assume the boss is doing much better. (Correct me if I am wrong: I do presume (1) the garage is NOT located in or near Philadelphia or Pittsburgh, and (2) your town is facing a historically bad economic downturn.)

If your husband has reason to believe the business is doing relatively well financially, then he may want to (gently) push this issue with the boss. If, however, the business appears slow and barely getting by and/or the boss’ family does not appear to be living appreciably better than your family, then you may want to “stand down.” While $9.00 to $10.00/hour for an automobile mechanic would be a ridiculously low wage in most major cities, this wage may be on par for a garage this size in this particular town.

 

[FlyingRon]

They can hand you your pay in crumpled singles if they like. There's no requirement for a stub. I don't get one now from a huge company (though I can look up the details online) and I've not gotten them from other jobs.

All it matters is the appropriate tax notices (W-2's, 1099's etc..) are sent at the end of the year.

 

[mimamazzocchi]

I do not know whether the IRS or some other government entity requires a small business employer to provide pay stubs if the employer already provides an annual W-2 Form. Why would you or your husband specifically need a weekly or bi-weekly pay stub in addition to your annual W-2 Form? In any event, if there is such a requirement, someone will likely come along in this thread and cite to the law or regulation mandating pay stubs.

With respect to overtime, the technical response would be if a non-exempt employee works more than 40 hours during a week he or she is entitled to overtime equal to 1.5 of his hourly wage. The practical response is do you want to push this issue with this employer at this time? While I am sympathetic to your family’s financial straits, I cannot readily assume the boss is doing much better. (Correct me if I am wrong: I do presume (1) the garage is NOT located in or near Philadelphia or Pittsburgh, and (2) your town is facing a historically bad economic downturn.)

If your husband has reason to believe the business is doing relatively well financially, then he may want to (gently) push this issue with the boss. If, however, the business appears slow and barely getting by and/or the boss’ family does not appear to be living appreciably better than your family, then you may want to “stand down.” While $9.00 to $10.00/hour for an automobile mechanic would be a ridiculously low wage in most major cities, this wage may be on par for a garage this size in this particular town.

Thankyou for your reply. Our reason for wanting paystubs is more due to the fact that we aren't sure my husband is being paid correctly, or that he is being paid for all the hours he works. We would like to see what is being deducted from him each week, and that the hours he worked are the hours he's being paid for. He's definately worked more then 40 hours a week, since he has been there in 2008. This business is in a very small town, but the boss does very well, as there are no other auto repair businesses in the area. He is not hurting financially at all, he is not married and does not have a family to take care of. I guess it is just an issue of principle, my husband is a very hard worker, and has 25+ years of experience. He has been there for 3 years, is pretty much the only one who works, has gone in on saturdays when asked and not gotten paid for it, yet has never been offered a raise, and is not always treated very fairly. Some would say why doesn't he find another job, but that isn't the easiest thing to do now a days. I feel he is being taken advantage of, and basically, just wanted to know if there was anything we could do. We had discussed reporting him to the labor board, but we weren't sure if that would even do any good, and also didn't want to cause any problems for my husband on a day to day basis at work. Again, thanks for replying.

 

[Banned_Princess]

he can stand up and say "hey, I don't think you are paying me enough" or he can not say anything.

he can keep track of his own hours. he can find out whats being deducted by counting his hours, X it by 10.00 - the amount of the check.

its not class warfare its math.

 

[cbg]

Correction: In PA paystubs are required by law.

Labor Law Compliance

 

[eerelations]

its not class warfare its math.

Math won't help unless OP's husband knows exactly (to the penny) what all the witholdings amount to before he starts calculating. As most of us (including the OP and her husband) already know, the difference between the hours worked and the amount paid does not necessarily = the witholdings. If it did, she wouldn't be asking about getting a paystub. (duh)

Don't know what class warfare has to do with this.

 

[Zigner]

I do not know whether the IRS or some other government entity requires a small business employer to provide pay stubs...

And that's where you should stop unless you take the time to find out

 

[cbg]

As I indicated in post #8, the state of Pennsylvania does require an employer to provide paystubs. There is no exemption for small businesses.

Now, as Patty used to say, as long as the information required is provided, the state does not care if the employer writes it out on a ****tail napkin. The only requirement is that it be provided, not that it be provided in any particular media.