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5. Requirements to provide certain disclosures, regular paystubs, and final payments
(a) Disclosures
(1) Initial disclosures
Not later than 15 days after the date on which an employer hires an employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, the employer of such employee shall provide such employee with an initial disclosure containing the information described in paragraph (3). Such initial disclosure shall be—(A) provided as a written statement or, if the employee so chooses, as a digital document provided through electronic communication; and(B) made available in the employee’s primary language.(2) Modification disclosures
Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3).(3) Information
The information described in this paragraph shall include—(A) the rate of pay and whether the employee is paid by the hour, shift, day, week, or job, or by salary, piece rate, commission, or other form of compensation;(i) an indication of whether the employee is being classified by the employer as an employee subject to the minimum wage requirements of section 6 or as an employee that is exempt from (or otherwise not subject to) such requirements as provided under section 3(m)(2), 6, 13, or 14; and(ii) in the case that such employee is not classified as being an employee subject to such minimum wage requirements, an identification of the section described in clause (i) providing for such classification;(B)(i) an indication of whether the employee is being classified by the employer as an employee subject to the overtime compensation requirements of section 7 or as an employee exempt from such requirements as provided under section 7 or 13; and(ii) in the case that such employee is not classified as being an employee subject to such overtime compensation requirements, an identification of the section described in clause (i) providing for such classification;(C)(D) the name of the employer and any other name used by the employer to conduct business; and(E) the physical address of and telephone number for the employer’s main office or principal place of business, and a mailing address for such office or place of business if the mailing address is different than the physical address.(b) Paystubs
(1) In general
Every employer shall provide each employee of such employer who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, a paystub that corresponds to work performed by the employee during the applicable pay period and contains the information required under paragraph (3) in any form provided under paragraph (2).(2) Forms
A paystub required under this subsection shall be a written statement and may be provided in any of the following forms:(A) As a separate document accompanying any payment to an employee for work performed during the applicable pay period.(B) In the case of an employee who receives paychecks from the employer, as a detachable statement accompanying each paycheck.(C) As a digital document provided through electronic communication, subject to the employee affirmatively consenting to receive the paystubs in this form.(3) Contents
Each paystub shall contain all of the following information:(A) The name of the employee.(B) Except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the total number of hours worked by the employee, including the number of hours worked per workweek, during the applicable pay period.(C) The total gross and net wages paid, and, except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the rate of pay for each hour worked during the applicable pay period.(D) In the case of an employee who is paid any salary, the amount of any salary paid during the applicable pay period.(E) In the case of an employee employed at piece rates, the number of piece rate units earned, the applicable piece rates, and the total amount paid to the employee per workweek for the applicable pay period in accordance with such piece rates.(F) The rate of pay per workweek of the employee during the applicable pay period and an explanation of the basis for such rate.(G) The number of overtime hours per workweek worked by the employee during the applicable pay period and the compensation required under section 7 that is provided to the employee for such hours.(H) Any additional compensation provided to the employee during the applicable pay period, with an explanation of each type of compensation, including any allowances or reimbursements such as amounts related to meals, clothing, lodging, or any other item, and any cost to the employee associated with such allowance or reimbursements.(I) Itemized deductions from the gross income of the employee during the applicable pay period, and an explanation for each deduction.(J) The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period.(K) The name of the employer and any other name used by the employer to conduct business.(L) The name and phone number of a representative of the employer for contact purposes.(M) Any additional information that the Secretary reasonably requires to be included through notice and comment rulemaking.(c) Final payments
(1) In general
Not later than 14 days after an individual described in paragraph (4) terminates employment with an employer (by action of the employer or the individual), or on the date on which such employer pays other employees for the pay period during which the individual so terminates such employment, whichever date is earlier, the employer shall provide the individual with a final payment, which includes all compensation due to such individual for all time worked and benefits incurred (including retirement, health, leave, fringe, and other benefits) by the individual as an employee for the employer.(2) Continuing wages
An employer who violates the requirement under paragraph (1) shall, for each day, not to exceed 30 days, of such violation provide the individual described in paragraph (4) with compensation at a rate that is equal to the regular rate of compensation, as determined under this Act, to which such individual was entitled when such individual was an employee of such employer.(3) Limitation
Notwithstanding paragraphs (1) and (2), any individual described in paragraph (4) who intentionally avoids receiving a final payment described in paragraph (1), or who refuses to receive the final payment when fully tendered, resulting in the employer violating the requirement under such paragraph, shall not be entitled to the compensation provided under paragraph (2) for the time during which the individual so avoids final payment or refuses to receive the final payment.(4) Individual
An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.
8. Right to full compensation
(a) In general
In the case of an employment contract or other employment agreement, including a collective bargaining agreement, that specifies that an employer shall compensate an employee (who is described in subsection (b)) at a rate that is higher than the rate otherwise required under this Act, the employer shall compensate such employee at the rate specified in such contract or other employment agreement.(b) Employee engaged in commerce
The requirement under subsection (a) shall apply with respect to any employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce.
(A) Subject to subparagraph (B), any person who violates section 6, 7, or 8, relating to wages, shall be subject to a civil fine that is not to exceed $25,150 per each employee affected for each initial violation of such section.(B) Any person who repeatedly or willfully violates section 6, 7, or 8, relating to wages, shall be subject to a civil fine that is not to exceed $250,150 per each employee affected for each such violation.(C) Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $14,090 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on such wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of such wages lost, as described in subsection (b).(2)
(3) Any person who violates subsection (a) or (b) of section 5 shall—(A) for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and(B) for each repeated or willful violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected.(4) Any person who violates section 11(c) shall—(A) for the initial violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and(B) for each repeated or willful violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected.
(A) Notwithstanding any other provision of this Act, the Secretary shall refer any case involving a covered offender described in subparagraph (B) to the Department of Justice for prosecution.(B) A covered offender described in this subparagraph is a person who willfully violates each of the following:(i) Section 11(c) by falsifying any records described in such section.(ii) Section 6, 7, or 8, relating to wages.(iii) Section 15(a)(3).(2)
(c) In the event that an employer violates section 11(c) and any regulations issued pursuant to such section, resulting in a lack of a complete record of an employee’s hours worked or wages owed, the employee’s production of credible evidence and testimony regarding the amount or extent of the work for which the employee was not compensated in compliance with the requirements under this Act shall be sufficient to create a rebuttable presumption that the employee’s records are accurate. Such presumption shall be rebutted only if the employer produces evidence of the precise amount or extent of work performed or evidence to show that the inference drawn from the employee’s evidence is not reasonable.
(e) with respect to the running of any statutory period of limitation described in this section, the running of such statutory period shall be deemed suspended during the period beginning on the date on which the Secretary of Labor notifies an employer of an initiation of an investigation or enforcement action and ending on the date on which the Secretary notifies the employer that the matter has been officially resolved by the Secretary.