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Attorney & Mediator
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Can an employer shred an employees paystub or paycheck if

Resolved Question:

Can an employer shred an employee's paystub or paycheck if the employee simply has not picked it up? I thought that the employer had to mail the employee their check or paystub (in the case of direct deposit), not shred it. This is in the state of Virginia. Thanks! LA
Submitted: 7 years ago.
Category: Employment Law
Expert:  Attorney & Mediator replied 7 years ago.
Thank you for your question. First Federal law only requires the employer to keep accurate records but does not require to provide a pay stub.

http://www.dol.gov/elaws/faq/esa/flsa/018.htm

According to the following VA statute, the same rule applies, there is no mention that a paystub need be provided, but that upon the employees request the employer must furnish a written statement which provides for the deductions and wages earned.

See section C:

40.1-29Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeit...

This is based on the current statute, you may wish to contact the Virginia Department of labor in case any new changes have been made recently.


All VA labor codes can be accessed here



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Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


Customer: replied 7 years ago.

What about the employee's paychecks that are threatened to be shredded? These employees do not have direct deposit, so will go without their pay. Thanks! LA

Expert:  Attorney & Mediator replied 7 years ago.
The employee is entitled to all earned wages, so they cannot be shredded. Otherwise the employee would be able to sustain an unpaid wage claim dispute with their employer. There is nothing about shredding, but there is law on when the employee is due their wages. They don't foreit this right just because they don't pick it up. It would be the employer's responsibility to make sure the employee gets their wages sent to them. The labor codes I provided you should explain that. Below is a summary as to wages:


All employers must establish regular pay periods. All hourly employees must be paid at
least once every two weeks or twice in each month. Salaried employees must be paid at
least once per month. Employees who may also be paid once per month include students
enrolled in a work-study program or its equivalent, and employees whose weekly wages
exceed 150% of the average weekly rate of the state, see
Virginia Stat. 65.2-500. Virginia
Stat. 40.1-29



Manner of Payments

Wages can be paid by:
- cash,
- check payable at face value (an option must be available for the employee to cash the
check without paying a fee),
- direct deposit into an account designated by the employee, and
- credit to a prepaid debit or card account, so long as the employee has consented.
Virginia Stat. 40.1-29


Direct Deposit
An employer may pay an employee by direct deposit. If an employee has fails to designate
a bank for direct deposit and has not consented to payment via a credit account, the
employer must pay the employee by cash or check. An employer can pay an employee by
credit account, even without the employee’s consent, if the employee failed to designate a
bank for purposes of direct deposit and the employee works where amusement devises
are lawfully operated.
Virginia Stat. 40.1-29


An employer must pay an employee who is discharged or terminated, who has quit or
resigned, or who is laid off, all wage due on or before the date he would have normally
been paid for the work.
Virginia Stat. 40.1-29

Employees who are suspended or resigns due to a labor dispute (strike)
Virginia has no law regarding an when an employer must pay an employee who has
resigned due to a labor dispute. Presumably an employer would pay an employee who
resigns employment due to a labor dispute on or before the date he would have normally
been paid for the work.

Wages in Dispute
Virginia does not have any laws requiring an employer to pay an employee wages
conceded to be due when involved in a wage dispute with the employee.




_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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