No Pay Stubs from Your Employer? Here’s What You Can Do
September 24, 2024
If you’re planning to apply for a loan or a mortgage, rent an apartment, purchase a car, or open a bank account, you’ll need your pay stubs to prove your source of income. But what if your employer doesn’t give you a pay stub?
It can be very frustrating and stressful when your employer refuses to give pay stubs, but you should keep in mind that they may be withholding the said documents for compliance reasons.
This article will guide you in exploring the possible reasons why your employer does not provide a copy of your pay stub, as well as in assessing the different countermeasures you can take to secure your pay records.
Key Takeaways
- Knowing the viable courses of action you can take if your employer doesn’t give you a pay stub is crucial in securing your labor rights and ensuring you still get paid correctly.
- If your employer doesn’t provide your pay stubs, you can confront them directly about it, seek assistance from the Department of Labor, or check your state’s pay stub requirements.
- The states that do not require employers to provide a pay stub include Alabama, Florida, Arkansas, Georgia, Louisiana, South Dakota, Tennessee, Ohio, and Mississippi.
Why Are Paystubs Important?
Pay stubs are important because these documents summarize how much you’ve earned in a pay period. They also provide information on the amount of taxes and voluntary contributions that were withheld from your earnings.
Similarly, if you qualify for overtime compensation, paid time off, bonuses, or salary increases or have certain salary adjustments, you need your pay stub to help you review all of that information.
When you want to secure a loan or get approved to rent an apartment, you need to present at least three to six months' worth of your pay stubs to give them a better assessment of your current financial health.
Employers also gain long-term advantages by keeping complete and up-to-date payroll records.
Some of these advantages include ensuring they provide the IRS with complete and accurate information when reporting their annual profit and losses.
Keeping copies of their employees’ pay stubs also helps HR personnel monitor each worker’s benefits, eligibility for certain tax credits, and work hours. They can check whether their existing payroll administration processes are beneficial to their operations and their staff or not.
More importantly, employers need their workers’ paycheck records to track their business expenses, manage their payroll accruals, and adjust their budgets accordingly.
4 Possible Solutions for When Your Employer Doesn’t Give You a Pay Stub
Now, if your employer doesn’t give you a pay stub, you can either confront them about the matter or check the pay stub requirements governing the state where you work.
After all, it is the employer’s responsibility to properly inform their employees why their pay stubs are not given to them as their previous employers did.
#1. Communicate With Your Employer
Learning how to request a pay stub from your employer directly should be your first course of action if you encounter any issues regarding your paycheck records or employment.
Your employers can explain why they don’t issue copies of your pay stubs. For instance, they may keep electronic copies but do not distribute physical copies to their staff due to a specific company or labor policy.
Either way, it is best to clarify your employer’s existing policies and practices when it comes to issuing or storing records regarding their employees’ salary and employment records.
#2. Check State Laws
Another plausible answer to the question, “Why didn’t I get a pay stub from my employer?” lies in the pay stub and labor regulations governing your place of work.
To be more specific, there are nine states that do not require employers to provide pay stub copies to employees:
- Alabama
- Arkansas
- Georgia
- Louisiana
- Florida
- Ohio
- Tennessee
- Mississippi
- South Dakota
If you work in any of the states listed above, then perhaps the reason why your employer doesn’t give you a pay stub is simply because there are no legal consequences for not providing you with one.
On the other hand, the states that require employers to issue pay stubs have varying conditions as to how employees can access their wage or salary information.
These states are subdivided into the following categories:
- Access States. In these states, it is mandatory for employers to prepare wage statements or pay stubs containing complete information about their employee’s earnings.
- Access/Print States. Access or print states require companies to issue printed or written copies of employee paycheck stubs.
- Opt-in States. If you work in an opt-in state, your employer must first gain your consent before they can send electronic copies of your paycheck records. Should you refuse to receive your pay stubs electronically or digitally, then your employer must issue a printed copy instead. Hawaii is currently the only opt-in state in the US.
- Opt-out States. Opt-out states grant workers the right or option to opt out of receiving digital pay stubs. In other words, employers in these states may only issue printed or paper pay stubs at all times.
#3. Contact The Department of Labor (DOL)
Now, you may also be wondering what to do if your employer doesn’t give you a pay stub and refuses to cooperate with you. You can seek assistance from the US Department of Labor (DOL).
The DOL is responsible for governing and directing all federal regulations that are meant to uphold every worker’s right to safe, fair, and favorable labor practices. You can browse their website to find the nearest Wage and Hour Division office or read up on the different federal labor laws that apply to your situation.
#4. Keep Track of Your Records
You can still keep a close eye on your pay stubs and other wage information despite not receiving your paycheck stub from your employer.
To do this, you must have a copy of your employment contract and use the specific rates and required work hours indicated in the agreement as your reference.
ayPOr, check your bank statements (if your employer deposits your earnings into your account) and calculate your gross pay and net pay. The key is to find ways to ensure you still get paid correctly despite not receiving a digital or printed pay stub from your employer.
4 More Effective Ways to Obtain a Pay Stub
There are a few more valid ways to obtain a pay stub if your employer doesn’t provide it. In this section, we provide four effective ways to supplement the possible countermeasures we described earlier.
After all, people have different work situations, and it is important to explore other practical alternatives to help you secure your paycheck records.
So, how else can you acquire copies of your pay stub?
#1. Use a Pay Stub Generator
Pay stub generators are cost-effective online tools that let you generate your own pay stub. Paystub.org’s generator suits both employers and employees and even independent contractors.
Our pay stub generator comes with a selection of templates with all the important fields or information in a typical pay stub. It takes a few minutes to fill out the templates, and you can also use the built-in calculator feature to calculate your deductions and other salary adjustments.
As such, even if your employer doesn’t give you a pay stub, you can still record your earnings with ease and have reliable proof of income ready in case you need to present one to a bank or a landlord.
#2. Seek Professional Advice
Since there are different pay stub regulations in each state, it may be best to seek legal advice or find legal representation.
For instance, if your employer declines to provide your pay stubs despite being mandated by state or federal laws, a labor lawyer may guide you in the steps you must take to file a dispute.
#3. Get Documentation of Your Taxes & Benefits
Let’s say your employer still doesn’t give your pay stubs despite your efforts to reach out or settle the matter legally.
You may want to save more energy by securing other valid documents that can help prove your earnings, such as your tax returns, Pension Distribution Statement (1099-R), and Benefit Verification Letter.
To get a transcript of your tax returns, dial 800-908-9946 or use the IRS2Go mobile app. You can also use our W-2 form generator if you’re a full-time employee or our 1099-form generator if you’re a freelancer or a contractor.
As for your 1099-R and Benefit Verification Letter, you can access both documents through your Social Security account.
#4. Request a Proof of Income Letter
If your employer doesn’t give you a pay stub, perhaps you can request a proof of income letter instead. A proof of income letter is official documentation that employers usually furnish to help employees certify their employment status to a lender or bank.
The letter must contain your employer’s name, business address, contact information, and signature. It must also include your name and contact details, along with your position and tenure in the company.
Can You Retrieve Old Pay Stubs From Your Employer?
Yes, you can retrieve old pay stubs from your employer because it is part of your basic rights as a worker in the US. However, the duration at which you acquire your pay records will also depend on the time that has passed since you left your previous job.
Generally, employers must keep payroll and employment records of previous employees for at least 12 months or until such time that they have successfully filed their returns for the recently concluded tax year.
You must contact the HR manager or personnel in your previous job to let them know that you need copies of pay stubs. If possible, provide your reason for requesting your pay stubs and specify the exact number of copies that you might need.
3 Typical Reasons Why Employers Might Not Provide Pay Stubs
Some employers may not provide pay stubs simply because the labor regulations in their state do not require them to do so.
But, there are also a few other possible reasons why they do not issue paycheck stubs to their workers, such as:
#1. They Use an Employee Portal
Since they allow their workers to access their employment and payroll information through an employee portal, some employers feel that they don’t have to print or distribute pay stubs for their workers.
Employee portals are common ways to get pay stubs from Target, Walgreens, and other retail corporations in the US.
It is crucial to clarify with your employer or HR whether pay stubs will still be provided if they use payroll software to update your pay information and manage your salaries and benefits.
In most cases, companies that use payroll or employee portals give their staff login credentials so they can freely access and print the pay stub copies they need.
#2. They Have Not Established an Efficient Payroll Process
Startups and newly opened businesses may struggle with establishing a solid and seamless payroll processing system that adheres to their employees’ needs.
Although understandable, employers should not use it as an excuse to disregard their employees’ rights and convenience, especially if it involves their hard-earned wages and salaries.
On the other hand, a company may also be using payroll processing methods that are either outdated or unsuitable to the nature of their job. As such, they fail to keep up with their payroll liabilities and responsibilities.
#3. They Hired You as a Freelancer
At times, an employer’s decision on whether to issue pay stubs is based on the type of employment or setup that covers their work agreement with a worker or an employee.
Most employers who hire freelancers don’t feel the need to issue a pay stub for them because they assume that the freelancer shoulders the responsibility of documenting their compensation.
It is also possible that the employer expects a contractor to issue a freelancer invoice detailing their rates and charges for their services.
Final Thoughts
There is not a single solution that will help you answer the question, “What if your employer doesn’t give you a pay stub?”
In other words, as much as it is your employer’s responsibility to grant you access to your pay information, enforcing your labor rights and securing your paycheck copies is also your duty.
Remember, ignorance of the existing federal and state labor regulations is no excuse—you must also do your part to stay informed and educated regarding the scope of your rights and liabilities as an employee.
What if Employer Doesn’t Provide Pay Stubs FAQ
#1. Is it illegal for an employer not to provide pay stubs?
Yes and no—it is illegal for an employer to not provide their workers’ pay stubs if they are based in a state where providing employees’ pay stub copies is required.
However, if an employer operates their business in a state or locale where issuing pay stubs is not mandatory, then they are technically not violating any rules by not providing paycheck stubs.
#2. Can I sue my employer for not giving me pay stubs?
You can sue your employer for not giving your pay stubs if you are in either Access, Access/Print, Opt-in, or Opt-states.
These states require employers to provide electronic or printed copies of their employees’ pay stubs or at least allow their workers to access their paycheck records.
#3. How accurate are paystub generators?
Most pay stub generators are quite accurate, particularly those that use ready-made templates containing the fundamental details about employees’ earnings, taxes, and deductions.
#4. How can I prove my income without a pay stub?
You can prove your income without a pay stub by presenting copies of your annual tax returns, bank statements, and 1099 forms. You can also provide copies of your utility bills or request a proof of employment letter from the company where you work.