,i  #aadth ,,congress  #b;d ,session    
,h4 ,r4 #dcgf  ,,in ,,the ,,house ,,of  
,,representatives  ,january #ac1 #bjaf  
,mr4 ,scott of ,virginia introduced the 
following bill2 which was referred to   
the ,committee on ,education and the    
,workforce  ,a ,,bill  ,to amend the    
,fair ,labor ,standards ,act of #aich to
 require certain disclosures be included
 on employee pay stubs1 and for other   
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,pay ,stub          
,disclosure ,act4  #b4 ,findings        
,congress finds the following3  7#a7    
,the lack of a ,federal requirement to  
provide employees with pay stubs        
indicating how their pay is calculated  
or to allow employee inspections of     
employers' payroll records significantly
 impedes efforts to identify and        
challenge wage and hour violations4     
7#b7 ,in a survey of #d1chg low-wage    
workers in ,new ,york1 ,los ,angeles1   
and ,chicago1 more than a quarter of    
workers were paid less than the minimum 

wage and among those who worked more    
than #dj hours per week1 more than      
three-quarters were not paid overtime4  
,fifty-seven percent of these workers   
reported that they did not receive a pay
 stub in the previous week4  7#c7 ,some 
employers are increasingly engaging in  
practices that make it extremely        
difficult for workers to calculate their
 pay1 including paying workers in cash  
or by personal checks4  7#d7 ,while the 
,fair ,labor ,standards ,act of #aich   
and the regulations of the ,department  
of ,labor require employers to keep     
records of employees' pay1 the lack of  
remedies diminishes the effectiveness of
 this requirement4  7#e7 ,the ,supreme  
,court held in ,anderson v4 ,mt4        
,clemens ,pottery ,co4 7#cbh ,u4,s4 #fhj
 7#aidf77 that where an employer fails  
to keep records that are required under 
the ,fair ,labor ,standards ,act of     
#aich1 when an employee presents        
sufficient evidence of the amount and   
extent of that work1 for which the      

employee was improperly compensated the 
burden shifts to the employer to        
disprove the employee's testimony and   
evidence of the hours the employee      
worked and how much he or she was paid4 
7#f7 ,far too many courts have failed to
 shift the burden to the employer1 where
 the employer has failed to keep records
 or has kept inadequate records1 instead
 giving the employer's testimony equal  
weight to credible evidence produced by 
the employee4  #c4 ,pay stub            
requirements  7a7 ,disclosure           
requirements ,section #aa of the ,fair  
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #baa7 is amended by adding at 
the end the following3  7e7             
,information ,to be disclosed to certain
 employees  7#a7 ,initial disclosure    
,each employer shall provide an initial 
disclosure to each employee who is not  
subject to the exemptions set forth in  
section #ac within #ae days of the date 
such employee is hired or any of the    
information in subparagraphs 7,a7       

through 7,c7 changes with respect to    
that employee4 ,such disclosure shall   
include--  7,a7 the rate or rates of pay
 and whether the employee is paid by the
 hour1 shift1 day1 week1 or job1 or by  
salary1 piece rate1 commission1 or other
 form of compensation2  7,b7 the name of
 the employer and any other name used by
 the employer to conduct business2 and  
7,c7 the physical address and telephone 
number of the employer's main office or 
principal place of business1 and a      
mailing address if such mailing address 
is different from the address of the    
main office or principal place of       
business4  7#b7 ,disclosures required in
 each pay stub ,each employer shall     
disclose to each employee who is not    
subject to the exemptions set forth in  
section #ac in a pay stub provided each 
pay period--  7,a7 the pay period       
covered2  7,b7 the name of the employee 
and the last four digits of the         
employee's ,social ,security number2    
7,c7 the total hours worked by the      

employee1 including the number of hours 
worked per workweek in the pay period2  
7,d7  7i7 in the case of an employee who
 is paid an hourly wage1 the total gross
 and net wages paid1 and the rate of pay
 for each hour worked2  7ii7 in the case
 of an employee who is paid a salary in 
lieu of an hourly wage1 the amount of   
salary paid during the pay period2      
7iii7 in the case of an employee        
employed at piece rate1 the number of   
piece-rate units earned1 the applicable 
piece rate1 and total amount paid in    
accordance with such piece rate2 and    
7iv7 in the case of an employee who     
receives commission or is paid on the   
basis of any other type of rate1 the    
total amount paid in commission or in   
accordance with such rate and any       
additional information relating to such 
pay as determined by the ,secretary2    
7,e7 the number of overtime hours worked
 during each workweek of the pay period 
and the hourly rate of pay for each such
 overtime hour1 or1 in the case of an   

employee employed at piece rate1 the    
piece rate paid for each such overtime  
hour2  7,f7 any additional compensation 
paid or benefits provided1 including an 
explanation of each type of compensation
 or benefit2 and  7,g7 any deductions1  
with an explanation of each deduction1  
and any allowances or reimbursements1   
with an explanation of each allowance or
 reimbursement4  7#c7 ,requirements     
related to disclosure of compensation1  
benefits1 allowances1 and reimbursements
 ,in disclosing the information required
 to be disclosed pursuant to            
subparagraphs 7,f7 and 7,g7 of paragraph
 7#b7--  7,a7 the compensation and      
benefits required to be disclosed       
include-- 7i7 any bonus1 paid leave     
7including paid vacation or personal    
time1 paid sick leave1 or any other paid
 leave71 or other compensation2  7ii7   
any employer contributions to health    
care coverage or to a retirement account
 for the employee and any transit or    
other benefits provided by the employer2

 and  7iii7 any additional form of pay  
that is required under ,state or local  
law1 or for which records are required  
to be kept pursuant to ,state or local  
law1 such as reporting time pay1 split  
shift pay1 paid sick leave1 or paid     
family or medical leave4  7,b7 the      
allowances and reimbursements required  
to be disclosed include any amounts paid
 to or reimbursed to an employee for    
meals1 clothing1 lodging1 or any other  
item for which the employer makes an    
allowance or provides a reimbursement2  
and  7,c7 the explanation for any       
additional compensation1 benefits1      
allowances1 or reimbursements shall be  
itemized and may not be described as    
miscellaneous4  7#d7 ,form of disclosure
 required ,the pay stub required by     
paragraph 7#b7 shall be provided to an  
employee each pay period and may be     
provided--  7,a7 as a separate document1
 accompanying an employee's pay2  7,b7  
as a detachable part of a paycheck for  
employees receiving a paycheck2 or  7,c7

 electronically1 at the election of the 
employee1 if the employee receives his  
or her pay through electronic deposit4  
4  7b7 ,recordkeeping requirements      
,section #aa of such ,act is further    
amended by adding at the end of         
subsection 7c7 the following3 ,an       
employer shall keep records of the      
information disclosed in an employee's  
pay stub1 as required by subsection 7e71
 for a period of three years from the   
date of issuance of each pay stub44  7c7
 ,investigations and inspections        
,section #aa of such ,act is further    
amended by adding at the end of         
subsection 7a7 the following3 ,in the   
event that an employee requests an      
inspection of such employee's records   
described in subsection 7c71 the        
employer shall provide copies of such   
records for a period of up to three     
years prior to such request4 ,an        
employer shall comply with an employee's
 requests to inspect records within #ba 
days of such request44  7d7 ,notice and 

posting requirement ,section #aa of such
 ,act is further amended by inserting   
after subsection 7e7 7as added by       
subsection 7a77 the following3  7f7     
7#a7 ,every employer subject to any     
provision of this ,act or of any order  
issued under this ,act shall provide a  
notice to each employee within #ae days 
of the date of hire that includes--     
7,a7 a description of the employee's    
right to receive a pay stub and the     
information which the pay stub must     
contain2  7,b7 the address and telephone
 number for the applicable local office 
of the ,department of ,labor2 and  7,c7 
such additional information as the      
,secretary shall require by regulation4 
7#b7 ,in the case of employees employed 
by an employer on the date of enactment 
of this ,act1 the employer shall provide
 the notice described in paragraph 7#a7 
within #ae days of the effective date of
 the ,pay ,stub ,disclosure ,act4  4    
7e7 ,conforming amendment ,the section  
heading of section #aa of such ,act is  

amended by inserting ,pay stub          
,disclosures1 after ,records14  #d4     
,enforcement  7a7 ,in general ,section  
#af of the ,fair ,labor ,standards ,act 
of #aich is further amended--  7#a7 in  
subsection 7b7-- 7,a7 by inserting after
 the second sentence the following3 ,an 
employer who violates subsections 7e7 or
 7f7 of section #aa shall be liable to  
the affected employee for #ej for the   
initial pay period in which such a      
violation occurs and #ajj per employee  
for each violation in a subsequent pay  
period1 not to exceed an aggregate of   
#d1jjj per employee42 and  7,b7 by      
striking either of the preceding        
sentences and inserting any of the      
preceding sentences2  7#b7 in subsection
 7e7--  7,a7 by redesignating paragraphs
 7#c7 through 7#e7 as paragraphs 7#d7   
through 7#f71 respectively2 and  7,b7 by
 inserting after paragraph 7#b7 the     
following3  7#c7 ,an employer who fails 
to make1 keep1 and preserve records as  
required by section #aa7;c71 or fails to

 permit a current or former employee to 
inspect or copy records as required by  
section #aa7;a71 shall be subject to a  
civil penalty of #gej per violation4  2 
and  7#c7 by adding at the end the      
following3  7f7 ,the ,secretary shall   
have the authority1 in accordance with  
inflation1 to periodically increase the 
amounts provided for in this section as 
penalties or recoverable in an action   
described in subsection 7b74  4  7b7    
,evidentiary standards ,section #ae of  
such ,act 7#bi ,u4,s4,c4 #bae7 is       
amended by adding at the end the        
following3  7c7 ,in the event that an   
employer fails to keep sufficient       
records as required by section #aa7;c7  
and any related regulations1 the        
employee's production of credible       
evidence and testimony regarding the    
amount and extent of the work for which 
the employee was improperly compensated 
shall be sufficient to create a         
rebuttable presumption that the         
employee's records are accurate1        

consistent with the ,supreme ,court's   
decision in ,anderson v4 ,mt4 ,clemens  
,pottery ,co4 7#cbh ,u4,s4 #fhj         
7#aidf774  4  #e4 ,definitions ,section 
#c of the ,fair ,labor ,standards ,act  
of #aich #bi ,u4,s4,c4 #bjc7 is amended 
by adding at the end the following3  7z7
 ,pay stub means a paper that itemizes  
in writing all wages and deductions paid
 to an employee each pay period4  4  #f4
 ,regulations and technical assistance  
7a7 ,regulations ,not later than #a year
 after the date of enactment of this    
,act1 the ,secretary of ,labor shall    
prescribe such regulations as are       
necessary to carry out this ,act1       
including a list of ,state and local    
laws--  7#a7 with requirements that are 
substantially similar to the            
requirements of this ,act2 and  7#b7    
compliance with which the ,secretary may
 determine satisfies the requirements of
 this ,act4  7b7 ,guidance and technical
 assistance ,in order to achieve the    
objectives of this ,act1 the ,secretary 

of ,labor-- 7#a7 acting through the     
,administrator of the ,wage and ,hour   
,division of the ,department of ,labor1 
shall issue guidance on compliance with 
this ,act regarding providing the       
disclosures required pursuant to this   
,act2 and  7#b7 shall provide technical 
assistance to employers1 labor          
organizations1 professional             
associations1 and other interested      
persons on means of achieving and       
maintaining compliance with the         
provisions of this ,act4  #g4 ,effective
 date ,the amendments made by this ,act 
shall take effect on the date that is #f
 months after final regulations are     
issued by the ,secretary of ,labor and  
not later than #ah months after the date
 of enactment of this ,act4