Ohio Requires Employers to Provide Employees With Pay Stubs
On January 8, 2025, Ohio Governor Mike DeWine signed the Pay Stub Protection Act. The law will take effect on April 8, 2025. It adds Ohio to the more than 40 states which require employers to provide their employees with pay stubs. Pay stubs may be provided electronically or in writing.
Although it was always a best practice for employers to issue pay stubs, it will now be required. The law had widespread bipartisan support and passed unanimously in both the Ohio Senate and House of Representatives.
The law requires employers to provide pay stubs to their employees which state:
- the names of both the employee and the employer,
- the employee’s address,
- total gross wages during the pay period,
- total net wages during the pay period,
- the amount and purpose of each addition or deduction to wages, and
- the dates of the pay period.
For hourly employees, the pay stub must also include:
- total hours worked,
- hourly rate, and
- hours worked in excess of 40 hours in one workweek.
A “workweek” is the same one-week period which the employer uses for Fair Labor Standards Act (FLSA) compliance.
The law does not provide a cause of action for employees who are not issued pay stubs, or whose pay stubs do not include all the required information. Instead, employees must first request a correct pay stub. If, after 10 days, the employee has not received the correct pay stub, the employee can report a violation to the Ohio Department of Commerce. If the Department of Commerce determines that the Pay Stub Protection Act was violated, the department will issue a written notice to the employer, which must remain posted in a conspicuous place for 10 days.
Employers should check their HR and payroll systems to ensure that their pay stubs comply with the new law’s requirements. Contact your Vorys lawyer if you have questions about the act or similar requirements in other jurisdictions.
