Pay Stubs and Records

• Does my employer have to give me any payment records or pay stubs?
  • The NYLL contains a number of different requirements that New York employers must follow with respect to payment records and pay stubs, including the following:
    • At the time of hire and at the beginning of each subsequent calendar year, employers are required to provide employees with written notice of a number of items, including the following:  the employer’s name, the employer’s telephone number, the physical address of the employer’s main office or principal place of business, the employee’s rate of pay, and the regular pay day.
    • With every payment of wages, employers are required to provide their employees with a statement, known as a pay stub, that lists a number of different items, including the following:  the employee’s name, the employer’s name, the employer’s address and telephone number, the employee’s rate or rates of pay, any deductions made from the employee’s wages, any allowances claimed as part of minimum wage, and the employee’s gross and net wages.
  • If an employer fails to follow the requirements described above, the employee may be able to recover money in court.
• Can my employer pay me in cash only?
  • Employers in New York are not prohibited from paying their employees in cash.  With every payment of wages, however, employers are required by the NYLL to provide their employees with a statement, known as a pay stub, that lists a number of different items, including the following:  the employee’s name, the employer’s name, the employer’s address and telephone number, the employee’s rate or rates of pay, any deductions made from the employee’s wages, any allowances claimed as part of minimum wage, and the employee’s gross and net wages.
  • If an employer fails to provide its employees with pay stubs as required by New York law, these employees may be able to recover money in court.  Additionally, if an employer is sued by an employee for wage and hour violations, the fact that an employer pays its employees in cash could be advantageous to the employees involved.
• Can my employer pay me in cash sometimes and by check at other times?
  • With every payment of wages, however, employers are required by the NYLL to provide their employees with a statement, known as a pay stub, that lists a number of different items, including the following:  the employee’s name, the employer’s name, the employer’s address and telephone number, the employee’s rate or rates of pay, any deductions made from the employee’s wages, any allowances claimed as part of minimum wage, and the employee’s gross and net wages.
  • If an employer fails to provide its employees with pay stubs as required by New York law, these employees may be able to recover money in court.  Additionally, if an employer is sued by an employee for wage and hour violations, the fact that an employer pays its employees party in cash could be advantageous to the employees involved.
• What information has to be on my pay stubs or payment records?
  • The NYLL contains a number of different requirements that New York employers must follow with respect to payment records and pay stubs, including the following:
    • At the time of hire and at the beginning of each subsequent calendar year, employers are required to provide employees with written notice of a number of items, including the following:  the employer’s name, the employer’s telephone number, the physical address of the employer’s main office or principal place of business, the employee’s rate of pay, and the regular pay day.
    • With every payment of wages, employers are required to provide their employees with a statement, known as a pay stub, that lists a number of different items, including the following:  the employee’s name, the employer’s name, the employer’s address and telephone number, the employee’s rate or rates of pay, any deductions made from the employee’s wages, any allowances claimed as part of minimum wage, and the employee’s gross and net wages.
  • If an employer fails to follow the requirements described above, the employee may be able to recover money in court.
• Is my employer required to keep written records of the hours I work?
  • Yes.  The FLSA, the NYLL, and the supporting regulations require employers to keep detailed written records concerning the hours that their employees work.  The rules and requirements regarding recordkeeping are complicated, and many employers may not follow them.  If an employer is sued by an employee for wage and hour violations, the employer’s failure to follow the recordkeeping requirements could be advantageous to the employees involved.
• Do most employers keep proper payment records?
  • The FLSA, the NYLL, and the supporting regulations require employers to keep detailed written records concerning the hours that their employees work.  The rules and requirements regarding recordkeeping are complicated, and many employers may not follow them.  If an employer is sued by an employee for wage and hour violations, the employer’s failure to follow the recordkeeping requirements could be advantageous to the employees involved.