The Ohio General Assembly recently enacted HB 106, which has been signed by Governor DeWine, providing employees with the right to a written or electronic paystub. Effective April 9, 2025, employers in Ohio will be required to provide each employee with such a statement or access to such a statement for each pay period on the employer’s regular paydays.
Who is covered?
The term “employee” is defined as “any person who performs a service for wages or other remuneration for an employer.”
The term “employer” is defined as any individual, corporation, business trust, estate, trust, partnership or association that “has one or more employees” and includes:
“An agent of an employer, the state or any agency or instrumentality of the state, and any municipal corporation, county, township, school district or other political subdivision or any agency or instrumentality thereof.”
What information must the paystub contain?
Every paystub must include all of the following information in addition to the employee’s name and address:
- Total gross wages earned during the pay period.
- Total net wages earned during the pay period.
- A listing of the amount and purpose of each addition to or deduction from the wages paid to the employee during the pay period.
- The date the employee was paid and the pay period covered by the wage payment.
Additionally, for employees paid on an hourly basis, the paystub shall also include:
- The total number of hours worked by the employee in the pay period.
- The hourly wage rate at which the employee was paid.
- The employee’s hours worked in excess of forty hours in one work week.
Penalties for the failure to provide the paystub.
If the employer fails to provide the required paystub or receives a paystub lacking the required information, the employee is to make a written request to the employer to receive the statement. The employer shall provide the statement within ten days after receipt of the request. If the employer fails to provide the statement within the ten-day period, the employee may report the violation to the Ohio Director of Commerce. Should the Director find reasonable grounds to believe the employer violated the Act, the Director shall issue a written notice to the employer, who is required to immediately post the notice, or a copy, in a conspicuous place on its premises for ten days.
If you need assistance with compliance with the new Paystub Protection Act, which becomes effective April 9, 2025, or other state or federal wage and hour laws or regulations, the attorneys in our Labor & Employment Practice Group are always available to help. Please call us at 216.696.8700.