How to use the wage notice penalty calculator
Korea fines an employer for failing to put the terms of employment in writing. There is no federal equivalent in the United States, so this tool works from the state wage notice statutes that do impose penalties, with every amount left editable.
Legal basis — Federal law does not require a written employment contract. The FLSA imposes pay and recordkeeping duties under 29 U.S.C. 211(c) and 29 C.F.R. Part 516, but written notice to the employee is a matter of state law. New York's Wage Theft Prevention Act is the best known example: Labor Law 195(1) requires a hiring notice and 195(3) requires wage statements, with damages of $50 per workday up to $5,000 per employee under Labor Law 198(1-b) and $250 per workday up to $5,000 under 198(1-d). California Labor Code 226(e) allows $50 for the first violating pay period and $250 for each later one, capped at $4,000 per employee. Figures reflect law as of September 2026.
Because the amounts and caps are amended regularly and many states have no wage notice statute at all, treat the presets as starting points and replace them with the figures in your own state code before relying on a number.
This calculator is for reference only and is not legal advice. Consult a licensed attorney or your state labor agency about your specific situation.
Frequently Asked Questions
No. The FLSA sets pay standards and recordkeeping duties under 29 C.F.R. Part 516 but does not require a written contract with an employee. Written notice duties come from state wage notice statutes instead, and they differ sharply from state to state.
New York Labor Law 198(1-b) allows $50 per workday for a missing hiring notice up to $5,000 per employee, and 198(1-d) allows $250 per workday for missing wage statements up to $5,000. California Labor Code 226(e) allows $50 for the first pay period and $250 for each later one, capped at $4,000 per employee.