How pay stub penalties are estimated
There is no federal statute that requires an employer to hand every worker an itemized pay stub. The Fair Labor Standards Act only requires employers to keep payroll records (29 U.S.C. 211(c) and 29 C.F.R. Part 516), so whether a wage statement must be furnished - and what it costs to skip it - is decided entirely by state law. A handful of states impose no pay stub duty at all.
This tool uses the structure most state penalty statutes share: a smaller amount for the first non-compliant pay period, a larger amount for every pay period after that, and a per-employee ceiling. Every figure is editable, so you can drop in the numbers your own state uses instead of relying on a national table that does not exist.
Statutory basis: the default values shown are California's, under Labor Code section 226(e) - $50 for the initial pay period, $250 for each later pay period, capped at $4,000 per employee, plus costs and attorney's fees. Figures are current as of September 2026; other states set different amounts, and California also allows separate PAGA civil penalties. Check your state labor code before relying on any number.
This calculator is for reference only and is not legal advice. Actual exposure depends on willfulness, whether the employee suffered injury, and how quickly the records were corrected. Consult a licensed employment attorney about your specific situation.
Frequently Asked Questions
No. The FLSA requires employers to keep accurate payroll records but does not require them to give employees an itemized wage statement. That duty comes from state law, and roughly ten states impose no pay stub requirement at all.
In states modeled on California Labor Code 226(e) it is both: the amount accrues for each non-compliant pay period and is calculated separately for each affected employee, subject to a per-employee cap.