Two Ohio House Representatives have re-introduced bipartisan legislation to require employers to provide their employees access to their pay statements.
House Bill (HB) 106, known as the Pay Stub Protection Act, sponsored by State Representatives Scott Lipps (R-Franklin) (pictured above, right) and Dontavious Jarrells (D-Youngstown) (pictured above, left), attempts to make Ohio an access state requiring employers to provide either a written, printed, or electronic pay stub (or access to the electronic pay stub) to their employees.
Former Representative Brigid Kelly, who previously sponsored the legislation, was first made aware of this issue by a constituent after her employer changed ownership, causing her and her employees to stop getting their regular pay statements and to be refused access to read them.
When these employees received their W-2s at the beginning of the year, they discovered that their hourly pay and overall earnings from the previous year were much lower than they had been in the past. Although the employees could obtain compensation for missing earnings through the legal system, their company was not and is still not obligated to give them pay statements.
Lipps said that it’s important for employees to be able to ensure they are being paid properly and not victims of wage theft.
“While we are aware that instances of wage theft are rare, we would like to ensure that all hard-working Ohioans are able to see their wages and deductions as needed without taking their cases to court – especially since current law already requires employers to keep track of this information,” Lipps said.
According to the representative, the Fair Labor Standards Act (FLSA) does not require an employer to provide employees with pay stubs but does require that employers keep accurate records of hours worked and wages paid to employees.
The Pay Stub Protection Act would require employers to provide pay stubs that include the following information:
- The employee’s name
- The employee’s address
- The employer’s name
- The total gross wages earned by the employee during the pay period
- The total net wages paid to the employee for the pay period
- The listing of the amount and purpose of each addition to or deduction from the wages paid to the employee during the pay period
Additionally, hourly-paid employees’ paychecks must reflect their hourly rate, the number of hours worked, and any overtime performed.
When an employer refuses to provide a pay stub when requested, the Ohio Director of Commerce may step in to help resolve the issue. The director of commerce may force the company to post a violation on its property for 10 days. Employers who disregard the law are not subject to penalties or imprisonment.
According to Jarrells, this bill is a matter of transparency.
“I believe this bill is a matter of transparency in the workplace, and this legislation will combat wage theft by ensuring hardworking Ohioans receive the dignity and respect that they deserve,” Jarrells said.
Ohio is currently one of only nine states where an employer can legally choose to not provide their employees with a statement detailing their pay information.
The legislation is currently under review in the House Commerce and Labor Committee.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Photo “Scott Lipps” by The Ohio House of Representatives. Photo “Dontavius Jarrells” by The Ohio House of Representatives. Background Photo “Ohio Statehouse” by â±®. CC BY-SA 4.0.
