Expert: Shirley McAllister, CPP, PHR - 9/10/2009

Question
QUESTION: I WORK FOR A UNION WHERE OUR MEMBERS ARE HIRED AND PAID BY CONTRACTORS.  CAN A WORKER RECEIVE A PAYCHECK WITHOUT A PAYSTUB?  HOW DO YOU VERIFY THE HOURS, RATE, DEDUCTIONS AND TAXES ARE CORRECT IF HE ONLY RECEIVED A CHECK?  IS THAT LEGAL?  THIS WOULD NOT BE AN EMPLOYEE WHO IS 1099 BECAUSE THEY MUST BE PAID ACCORDING TO OUR COLLECTIVE BARGAINING AGREEMENT.

ANSWER: In some states pay stubs are required and in some they are not. Let me know in which state you are located and I can let you know what the rules are in your state.

The individual paying must keep copies of the wages and deductions on file for inspection by the DOL. If the contractor hires and pays it would be up to him to keep records and provide pay stubs.

You should request a stub or a pay record from the person that issues the pay checks. If the person will not send you one than you can take it up with the Union representative that is assigned to your company.

Shirley



---------- FOLLOW-UP ----------

QUESTION: wE ARE LOCATED IN PENNSYLVANIA

Answer
In Pennsylvania the only reference there is on thier statutes is to Railroads which must have a separate listing of daily wages and how computed.

and

Seasonal farm labor which must have a written sttement showing the amount of wages, wage reate, hours worked, piece rate and units performed if applicable, computation of gross pay, deductions and withholdings.

There is no statute for regular business's and pay stubs.

You will need to get those from the person that pays the checks.

Shirley