Last week, Governor DeWine signed the Pay Stub Protection Act, which will be contained at Ohio Revised Code 4113.14. It requires employers to provide employees each pay period with details concerning their gross and net pay. If the employer fails to do so and the employee makes a written request for the information, the employer has 10 days to comply. If the employer continues to fail to comply, the employee may complain to the Department of Commerce which may order the employer to immediately comply and to post a conspicuous notice about its failure to comply. It becomes effective in 90 days.
The Act provides as follows:
Section 1. That section 4113.14 of the Revised Code be enacted to read as follows:
Sec. 4113.14.
(A) As used in this section:
(1) "Employee" and "employer" have the same meanings as in section 4113.51 of the Revised Code.
(2) "Workweek" means a fixed, regularly recurring period of one hundred sixty-eight hours that an employer expressly adopts for purposes of complying with section 7 of the "Fair Labor Standards Act of 1938," 29 U.S.C. 207.
(B) Every employer shall provide each of the employer's employees with a written or electronic statement or access to a statement of the employee's earnings and deductions for each pay period on the employer's regular paydays. An employer shall include all of the following information in the statement:
(1) The employee's name;
(2) The employee's address;
(3) The employer's name;
(4) The total gross wages earned by the employee during the pay period;
(5) The total net wages paid to the employee for the pay period;
(6) A listing of the amount and purpose of each addition to or deduction from the wages paid to the employee during the pay period;
(7) The date the employee was paid and the pay period covered by that payment;
(8) For an employee who is paid on an hourly basis, all of the following information:
(a) The total number of hours the employee worked in that pay period;
(b) The hourly wage rate at which the employee was paid;
(c) The employee's hours worked in excess of forty hours in one workweek.
(C) An employee who does not receive a statement as required by division (B) of this section shall make a written request to the employee's employer to receive the statement. The employer shall provide the employee with the statement not later than ten days after receiving the request. If the employee does not receive the requested statement within the ten-day period, the employee may submit a report of the violation to the director of commerce. If, on receipt of a report, the director determines that there are reasonable grounds to believe that a violation exists, the director shall issue a written notice to the employee's employer. On receipt of a notice, the employer shall immediately post the notice, or a copy of the notice, in a conspicuous place on the employer's premises. The employer shall keep the notice posted for ten days.
SECTION 2. This act shall be known as the Pay Stub Protection Act.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
