Paystub Requirements by State [2026 Guide]
Quick Summary
30 states require automatic pay stubs
About 30 states require employers to provide itemized wage statements automatically each pay period. 7 states require them only upon request. 13 states have no specific requirements, but employers must still maintain payroll records.
Understanding your state's pay stub requirements is critical for both employers (to stay compliant) and employees (to know their rights). This guide covers every state's requirements, what information must be included, and penalties for violations.
30
States require auto pay stubs
7
States require upon request
13
States with no requirement
$25K
Max penalty (Massachusetts)
Federal vs State Pay Stub Laws
Federal Law (FLSA)
- Does NOT require employers to provide pay stubs
- Requires employers to keep payroll records for 3 years
- Employees can request to view records
State Laws
- Vary significantly from state to state
- Most require itemized wage statements
- Penalties range from $100 to $25,000+
Key Takeaway: Even if your state doesn't require pay stubs, providing them is best practice. It protects both employers (documentation of proper payment) and employees (verification of wages and deductions).
Federal reference: U.S. Department of Labor - FLSA. State requirements vary—consult your state's Department of Labor for specific regulations.
States Requiring Automatic Pay Stubs
These 30 states require employers to provide itemized pay stubs or wage statements to employees automatically each pay period—no request needed.
| State | Requirements | Penalty | Electronic OK? |
|---|---|---|---|
| California | Must provide itemized statement with gross/net, deductions, hours, rates | Up to $4,000 per violation | Yes, with opt-in |
| Colorado | Itemized statement with hours, rates, deductions | Class 2 misdemeanor | Yes |
| Connecticut | Written statement with hours, gross pay, deductions | Civil penalties | Yes |
| Delaware | Statement showing deductions and net pay | Varies | Yes |
| Hawaii | Pay statement with hours, wages, deductions | Civil penalties | Yes |
| Illinois | Itemized statement with hours, rates, deductions | Up to $2,500 | Yes |
| Iowa | Statement of deductions required | Civil penalties | Yes |
| Maine | Statement with hours, wages, deductions each pay period | Civil penalties | Yes |
| Maryland | Wage statement with hours, gross, deductions | Civil penalties | Yes |
| Massachusetts | Pay stub with hours, rates, gross, deductions | Up to $25,000 | Yes, with consent |
| Michigan | Statement showing hours, rates, deductions | Misdemeanor | Yes |
| Minnesota | Written earnings statement each pay period | Civil penalties | Yes, with consent |
| Nevada | Wages paid, deductions statement | Civil penalties | Yes |
| New Hampshire | Itemized statement of deductions | Civil penalties | Yes |
| New Jersey | Statement with wages, deductions, hours | Up to $1,000 first offense | Yes |
| New Mexico | Statement of wages and deductions | Civil penalties | Yes |
| New York | Pay stub with rates, hours, gross, deductions, allowances | Up to $5,000 | Yes |
| North Carolina | Itemized statement of deductions | Civil penalties | Yes |
| Ohio | Statement showing deductions each pay period | Civil penalties | Yes |
| Oregon | Itemized pay statement with hours, rates, deductions | Civil penalties | Yes |
| Pennsylvania | Statement of wages and deductions | Civil penalties | Yes |
| Rhode Island | Statement with wages, hours, deductions | Civil penalties | Yes |
| South Carolina | Written statement of deductions | Civil penalties | Yes |
| Texas | Earnings statement each pay period | Civil penalties | Yes |
| Vermont | Statement with gross, deductions, net | Civil penalties | Yes |
| Virginia | Written statement of deductions | Civil penalties | Yes |
| Washington | Itemized statement with hours, rates, deductions | Civil penalties | Yes, with consent |
| West Virginia | Statement of deductions each pay period | Misdemeanor | Yes |
| Wisconsin | Statement with hours, rates, deductions | Up to $1,000 | Yes |
| Wyoming | Statement of deductions upon request | Civil penalties | Yes |
States Requiring Pay Stubs Upon Request
These 7 states don't require automatic pay stubs, but employers must provide them when an employee requests one.
Alaska
Must provide upon employee request
Arizona
Must provide upon employee request
Kansas
Must provide upon employee request
Missouri
Must provide upon employee request
Nebraska
Must provide upon employee request
North Dakota
Must provide upon employee request
Oklahoma
Must provide upon employee request
States With No Pay Stub Requirements
These 13 states have no specific laws requiring employers to provide pay stubs. However, employers must still maintain payroll records and may be required to provide them upon legal request.
Note: Even in these states, providing pay stubs is strongly recommended. Many lenders, landlords, and government agencies require pay stubs as proof of income.
What Information Must Be on a Pay Stub?
States that require pay stubs also specify what information must be included. Here's a breakdown of commonly required elements:
Gross Wages
Total earnings before any deductions
Required in: Most states
Net Wages
Take-home pay after all deductions
Required in: Most states
Hours Worked
Total hours for non-exempt employees
Required in: CA, NY, IL, TX, WA
Hourly Rate
Pay rate for hourly employees
Required in: CA, NY, IL, WA
Pay Period Dates
Start and end dates of the pay period
Required in: CA, NY, MA, WA
All Deductions
Itemized list of each deduction
Required in: All requiring states
Employer Name/Address
Business identification
Required in: CA, NY, NJ
Employee Name
Worker identification
Required in: Most states
Last 4 of SSN or Employee ID
Identifier without full SSN
Required in: CA, NY
YTD Totals
Year-to-date earnings and deductions
Required in: Some states
California: The Strictest Pay Stub Laws
California Labor Code Section 226 has the most detailed pay stub requirements in the country. If you operate in California, your pay stubs must include:
- Gross wages earned
- Total hours worked (non-exempt)
- Piece rates and number of pieces (if applicable)
- All deductions itemized
- Net wages earned
- Inclusive dates of pay period
- Employee name and last 4 SSN or employee ID
- Employer legal name and address
- All hourly rates in effect and hours at each rate
- Sick leave balance (as of 2024)
Penalties: Up to $50 per employee per pay period (max $4,000) plus actual damages. Willful violations can result in waiting time penalties of up to 30 days' wages.
Need a California-compliant paystub? Our California paystub generator includes all required fields.
Electronic vs Paper Pay Stubs
Most states now allow electronic pay stubs, but requirements vary:
States Allowing Without Consent
These states allow employers to provide electronic pay stubs without employee consent (as long as employees can access and print):
Texas, New York, Illinois, and most others
States Requiring Consent
These states require employees to opt-in before receiving electronic pay stubs:
California, Minnesota, Massachusetts, Washington, Colorado
Need to Create Compliant Pay Stubs?
Our paystub generator includes all required fields for every state. Create professional, compliant pay stubs in minutes.
Frequently Asked Questions
Which states require employers to provide pay stubs?
About 30 states require employers to automatically provide pay stubs or wage statements to employees each pay period. Another 7 states require employers to provide them upon request. About 13 states have no specific paystub requirements, though employers may still need to maintain payroll records.
What are the penalties for not providing pay stubs?
Penalties vary widely by state. California has some of the strictest penalties—up to $4,000 per violation plus potential waiting time penalties. Massachusetts can fine employers up to $25,000. Most states impose civil penalties ranging from $100 to $1,000 per violation, and some classify violations as misdemeanors.
Can employers provide electronic pay stubs instead of paper?
Most states allow electronic pay stubs, but requirements vary. Some states (like California and Minnesota) require employee consent before switching to electronic delivery. Employers must also ensure employees can access and print their electronic pay stubs without cost.
What information must be on a pay stub?
Required information varies by state, but commonly includes: gross wages, net wages, hours worked (for hourly employees), pay rate, all deductions itemized, pay period dates, and employer/employee identification. States like California and New York have the most detailed requirements.
Do small businesses have to follow pay stub laws?
Yes, pay stub requirements typically apply to all employers regardless of size. However, some states may have different rules for household employers or very small businesses. Check your specific state's labor laws for any exemptions.
What if my employer refuses to give me a pay stub?
If you're in a state requiring pay stubs and your employer refuses, you can file a complaint with your state's labor department or department of labor standards. Document your requests in writing. You may also be entitled to penalties your employer must pay.
Are there federal pay stub requirements?
There is no federal law requiring employers to provide pay stubs. The Fair Labor Standards Act (FLSA) requires employers to keep payroll records for at least 3 years, but doesn't mandate providing statements to employees. Pay stub requirements come from state laws.
How long must employers keep payroll records?
Federal law requires employers to keep payroll records for at least 3 years. Many states require longer retention periods—some up to 6 or 7 years. It's best practice to keep records for at least 7 years to cover all potential audit or legal situations.
Stay Compliant With Your State's Laws
Generate professional, compliant pay stubs that include all required information for your state. Avoid penalties and keep your employees informed.
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