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Employment Law/Statement of earnings and deductions

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Question
I have worked for a gas station off and on for over a year and have asked numerous times for my boss to either put on my check hours worked or pay period time frame or supply me with a statement of earnings and deductions, and not once has he supplied me with anything other than the end of the year w2, how do I know he's compensated me correctly or deducted correctly? What should I do?

Answer
Deborah,

You are exactly right - how is an employee to know if they are being compensated or deducted correctly if they are not provided with a pay stub that breaks these items out?  The answer is, they can't, and this makes workers much more vulnerable to wage theft.  Fortunately, some states (including Illinois) have enacted state wage laws that require employers to provide detailed paystubs.

Specifically, Illinois state labor law provides that an employer must provide an employee with a written receipt that shows hours worked, rate of pay, overtime pay and overtime hours, gross wages, an itemization of all deductions, wages and deductions year to date. This must be provided for each pay period.  

You can let your employer know about this legal requirement and direct him to "the law" - 820 ILCS 115/10 see Section 300.600 and/or suggest he contact the Illinois Department of Labor for confirmation of his obligation to provide you with a detailed paystub.

Best of luck in getting this issue resolved.  

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Michael Lore

Expertise

I will take questions regarding employment law, with a focus on wage and hour issues involving overtime pay under the Fair Labor Standards Act (FLSA) and applicable state laws (eg. California).

Experience

I am an attorney with 15+ years experience in the area of labor and employment law, with a practice that concentrates heavily in the area of wage and hour litigation - involving unpaid overtime wages, commissions, work related expenses and vacation pay.

Organizations
American Bar Association, American Association for Justice, National Employment Lawyers Association

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BBA in Finance, J.D.

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