Until 2025, employers in Ohio were not legally required to provide workers with their pay information. The Paystub Protection Act changed that. Now, employers across the state must give each employee a paystub that lists certain information about the hours they worked and the wages they earned. This new law is meant to ensure pay transparency, hold employers accountable, and help prevent wage theft. If an employer fails to comply with the Act, they can be penalized by being required to post notice of their violation in the workplace for 10 days.
The Paystub Protection Act, also referred to as H.B. 106, went into effect on April 9, 2025, requiring every employer in Ohio to provide earnings and deductions statements, or access to such statements, to every employee during each pay period. The statements may be either written or electronic. The law helps to ensure that every employee has a record of the hours they worked and other crucial information about their compensation.
The following information must be included in the statement by law:
Hourly employees must be provided with information concerning the total number of hours they worked and the hourly wage rate at which they were paid. The statement must also include the employee’s overtime hours, which are those worked in excess of forty hours in one workweek.
If you did not receive a statement from your employer, as required under the Paystub Protection Act, the first step is making a written request to your employer. Under the Act, your employer has ten days to provide you with the statement after receiving such a request. In the event you did not receive the requested statement within a ten-day period, you can report the violation to the director of commerce.
Upon receiving your report, the director will determine whether there are reasonable grounds to believe a violation occurred. If such grounds do exist, the director will issue a written notice to your employer. This notice must be posted by the employer on the premises in a place where it can be easily seen and remain posted for a period of ten days.
Apart from reporting the violation to the Ohio Department of Commerce, there is no other remedy or independent cause of action for employees who were not provided with their legally mandated pay statements under the Paystub Protection Act. However, you may be eligible to take legal action if your employer wrongfully withheld your pay or committed a wage violation.
If you notice a discrepancy in your pay, it’s essential to gather all the information necessary to show the difference between the hours you worked and the pay you received. Collect your paystubs, statements, time sheets, time cards, and any other documentation. Determine whether your hours, rate of pay, and deductions are correct. If there is a mistake, contact Human Resources or your employer to advise them of the error. If the matter is not resolved with your employer, you may need to take legal action to recover the wages you are owed.
Depending on the facts of your case, you may have a right to file a complaint with the Ohio Department of Commerce or the U.S. Department of Labor. These agencies will investigate your claim and may schedule mediation to give you and your employer the opportunity to resolve the matter. You may also have the option of filing a lawsuit in court to recover the wages you are owed, in addition to any penalties, court costs, and attorneys’ fees. If you can show that the employer’s violation in paying you your rightful wages was wilful, you may be entitled to recover liquidated damages, which are double the amount of unpaid wages.
If your employer refuses to provide you with the wages you have earned, it’s vital to have a knowledgeable employment attorney who can advise you regarding your options and protect your rights. Located in Westlake, Lalak LLC handles a broad scope of employment matters throughout Ohio, including those concerning various types of wage violations. Contact Lalak LLC online today or call 440-209-2379 to schedule a free, confidential, no-obligation consultation with an experienced employment attorney and learn how we can assist you with recovering your rightful compensation.
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