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Caregiver or Nanny Pay Stubs: Are they required?


Did you know that 39 states have now passed laws requiring employers to provide itemized pay stubs to their employees? Why all the attention to nanny pay stubs?

nanny paystubThere has been a slew of legislation at the state level in the last decade focused on “Wage Theft Prevention” – essentially employers either not paying for all hours worked, not paying overtime, or taking unauthorized deductions from a pay check.

Laws mandating that employers provide employees with a pay stub recognize that without a pay stub, it’s much harder for the worker to tell if they’re being paid for all hours and if the deductions are right. Generally speaking, the itemized pay stub should include:

  • Employer name and address (some require the employer’s EIN also)
  • Employee’s name
  • The dates covered by the paycheck
  • The date of the paycheck
  • The pay rate for regular hours and overtime hours
  • The number of regular hours and overtime hours paid
  • The gross wage computed (amount before any deductions)
  • Itemized list of all deductions
  • The net pay (take home, the amount of the check or direct deposit)
  • Year-to-date accruals for all dollar amounts in addition to pay period amounts

Typical Deductions:

  • Social Security and Medicare taxes, sometimes referred to as FICA
  • Federal Income Tax
  • State Income Tax
  • Local Income Tax
  • Other state taxes authorized by law, typically employee contributions to disability insurance

Other less common deductions from a household employee’s wage include employee contributions to health insurance and employee contributions to a retirement savings plan.

Also, if an employee owes their state or the federal government money for things like unpaid income tax, unpaid property taxes or fines an employer may be required to “garnish” your paycheck. This is a court order the employer must follow until the debt is paid. The employee can go to court and ask for the amount to be lowered if what is being taken is believed to be too high for you to be able to survive.

 

Which states require pay stubs?

 

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State

Required?

Clarification

Alabama

NO

Alaska

YES

Applies to all employers

Arizona

NO

Arkansas

NO

California

YES

Applies to all employers

Colorado

YES

Applies to all employers

Connecticut

YES

Applies to all employers

Delaware

YES

Employers with 3 or fewer employees exempt

District of Columbia

YES

 Applies to all employers

Florida

NO

Georgia

NO

Hawaii

YES

Applies to all employers

Idaho

YES

 Applies to all employers

Illinois

YES

 Applies to all employers

Indiana

YES

 Applies to all employers

Iowa

YES

 Applies to all employers

Kansas

YES

When requested by the employee, required.

Kentucky

YES

Employers with fewer than 10 employees exempt

Louisiana

NO

Maine

YES

 Applies to all employers

Maryland

YES

 Applies to all employers

Massachusetts

YES

 Applies to all employers

Michigan

YES

 Applies to all employers

Minnesota

YES

 Applies to all employers

Mississippi

NO

Missouri

YES

 Applies to all employers

Montana

YES

 Applies to all employers

Nebraska

 NO

Nevada

YES

 Applies to all employers

New Hampshire

YES

 Applies to all employers

New Jersey

YES

 Applies to all employers

New Mexico

YES

 Applies to all employers

New York

YES

 Applies to all employers

North Carolina

YES

 Applies to all employers

North Dakota

YES

 Applies to all employers

Ohio

NO

Only required if you are 18 years or younger!

Oklahoma

YES

 Applies to all employers

Oregon

YES

 Applies to all employers

Pennsylvania

YES

 Applies to all employers

Rhode Island

YES

 Applies to all employers

South Carolina

YES

Employers with fewer than 5 employees exempt.

South Dakota

NO

Tennessee

NO

Texas

YES

 Applies to all employers

Utah

NO

Domestic service employers excluded from coverage.

Vermont

YES

 Applies to all employers

Virginia

YES

When requested by the employee, required.

Washington

YES

 Applies to all employers

West Virginia

YES

 Applies to all employers

Wisconsin

YES

 Applies to all employers

Wyoming

YES

 Applies to all employers

 

Last updated: May 1, 2016

Disclaimer: The information provided here is believed to be true as of the date of publication. This information is provided “as is” without warranty of any kind.