Employee Rights to Pay Stubs

No Pay Stub No Proof and That’s a Legal Problem

If you’re working hard every week and don’t receive a clear, accurate pay stub, something’s off. Pay stubs are more than a routine slip of paper or email. They’re your paycheck’s receipt, the proof of what you earned, what got taken out, and what you’re supposed to walk away with. When that information is missing, incomplete, or flat-out wrong, it makes it harder to fight back if you're being shortchanged.

It’s a frustrating situation we hear about too often in New York, workers unsure of what they’re earning because their employer isn’t following basic rules. At Horn Wright, LLP, our employment law attorneys take these issues seriously. You deserve to know exactly what you’re being paid, and we’re here to make sure you do.

What Information Must Be on a New York Pay Stub

New York Labor Law §195(3) requires employers to provide every employee with a statement of wages each payday. That statement must include a detailed breakdown, not just your take-home pay. The law spells out exactly what must appear:

• Your name and employer's name, address, and phone number must be listed clearly, so it’s traceable.
• Dates covered by the pay period, so you know which days you’re getting paid for.
• Rate of pay and basis of pay, whether it’s hourly, salaried, piece rate, or commission.
• Gross wages, deductions, and net wages must be broken down, showing what you earned and what was taken out.

If you’re a non-exempt worker, it must also show hours worked, both regular and overtime. Leaving out any of these details is a violation of state labor law, and can become critical evidence if wage theft is happening behind the scenes.

Why Accurate Pay Statements Matter in Wage Disputes

You might not think twice about a pay stub when everything seems normal. But when paychecks stop adding up or hours go missing, that’s when your pay stub becomes your best friend, or your biggest frustration. Accurate pay statements are one of the strongest tools you have when challenging unpaid wages, unpaid overtime, or misclassification.

Under the federal Fair Labor Standards Act (FLSA) and New York Labor Law Articles 6 and 19, employers must track hours and provide proof. If your employer isn’t giving you proper documentation, they’re not just making a clerical error. They’re putting themselves at risk for legal penalties.

In court, missing or inaccurate pay statements often shift the burden to the employer. That means if they didn’t keep records, the court may rely on your word and evidence. So yes, your pay stub could help win your case, or show your boss is trying to cover their tracks.

What to Do If Your Pay Stub Is Missing or Incomplete

Don’t ignore it if your pay stub is late, blank, or full of inconsistencies. New York law puts the responsibility squarely on the employer’s shoulders. You have every right to ask questions and take action.

Start by asking your supervisor or HR department in writing for a full pay stub. Be polite but direct, and keep a copy of your request. If you’re given excuses or continue getting incomplete information, take the next step.

You can file a wage complaint with the New York State Department of Labor or pursue legal action under Labor Law §198(1-d), which provides penalties for failing to provide proper wage statements. Courts can award damages of up to $5,000 per employee, plus attorney’s fees. That’s not a small slap on the wrist, it’s a sign the law takes pay stub violations seriously.

How Employers Violate Pay Stub Requirements Without Workers Noticing

Not all pay stub violations are obvious. Sometimes the statement looks legitimate but hides the details that really matter. Employers may try to cut corners in subtle ways, especially in industries with high turnover or long shifts.

Here are a few examples:

• Listing lump sums instead of itemizing hours: You get a total amount, but no breakdown of regular vs. overtime hours.
• Leaving out the pay rate: If it doesn’t say what you’re paid per hour or per piece, there’s no way to verify accuracy.
• Not including deductions: If taxes, insurance, or garnishments are being taken out but not shown, it’s impossible to track what’s happening to your earnings.

Employers often assume you won’t notice or won’t challenge them. But under Labor Law §195(1) and (3), they’re on the hook for each violation, and it adds up fast, especially in multi-employee workplaces.

Penalties Employers Face for Withholding Pay Statements

When employers fail to provide accurate wage statements, the penalties under New York law are steep. Section 198 of the Labor Law allows workers to collect statutory damages if employers refuse to provide pay stubs or knowingly issue false ones.

Damages can reach up to $250 per workday, with a maximum of $5,000 per employee. That doesn’t include interest or other damages you may claim if your wages were also underpaid. If multiple employees are affected, total penalties can quickly escalate into the tens or hundreds of thousands.

In serious cases, the New York Department of Labor may launch an investigation, and employers can face additional civil fines or even criminal penalties under Labor Law §213. So while it might seem like “just paperwork,” the legal consequences for employers are anything but minor.

How to Use Pay Stubs to Build a Strong Claim

If you suspect wage theft, misclassification, or illegal deductions, your pay stubs could help you prove it. Even a few weeks of statements can reveal patterns that make or break a legal case.

Start by gathering all your recent stubs, like physical copies, PDFs, screenshots, or anything that shows your pay, hours, and deductions. If you’ve been tracking hours separately (which is a smart move), compare them to what’s reported. Look for discrepancies or red flags.

When working with an attorney, these documents often form the foundation of your claim. They show whether you were paid minimum wage under NYLL §652, whether overtime under FLSA was violated, and whether your employer disclosed deductions legally under §193. A well-documented paper trail puts pressure on your employer, and gives your legal team the firepower to push forward.

How New York’s Pay Stub Law Compares to Vermont’s Requirements

Both New York and Vermont require employers to provide wage statements, but New York’s regulations offer stronger worker protections. Under New York Labor Law §195(3), employers must provide detailed wage information each payday without exception. Vermont, while requiring pay information under 21 V.S.A. §342, allows more discretion in the level of detail employers must include.

For example, Vermont doesn’t mandate separate line items for hours, pay rate, and deductions for all industries. That makes it easier for wage violations to go unnoticed. New York also imposes more significant penalties for noncompliance, giving workers more leverage when filing claims.

If you’ve worked in both states, the difference in documentation and enforcement is clear. New York prioritizes transparency, and holds employers accountable when they fail to comply.

Can You Still Win a Case Without Proper Pay Statements

Yes. While having pay stubs makes things easier, you can still win a wage case even if your employer failed to provide them. In fact, their failure may help your case. When employers don’t follow recordkeeping rules, courts often shift the burden to them under Labor Law §196-a and federal precedent set in Anderson v. Mt. Clemens Pottery Co.

You can use personal records, witness statements, photos of work logs, or even texts and emails to show when and how you worked. If your employer doesn’t have detailed records to counter your claim, judges are often willing to rely on your documentation.

The bottom line? Lack of a proper pay stub shouldn’t stop you from standing up for yourself. In many cases, it’s the very thing that proves your employer broke the law.

How Horn Wright, LLP, Can Help You Reclaim Control

You deserve more than just a paycheck. You deserve to understand exactly how your pay was calculated, what was taken out, and why. If your employer is hiding behind vague or missing pay stubs, our team at Horn Wright, LLP, is here to shine a light on what’s going on.

Our employment law attorneys know the ins and outs of New York’s wage laws. We’ll review your documentation, identify violations, and build a case that gets results. And because we’ve earned national recognition for protecting worker rights, you can trust we’ll go all in for you.