I need to update my foodstamps and I misplaced my paycheck stubs for the month of december. I asked my boss for a copy and he said i would have to pay him $5 dollars per paycheck stub copy.
if he's not aloud to do this who can I contact?
To be frank, I don't know the answer to this question.
Your employer must give you an itemized pay stub with your paychecks that include certain information, including pay rate, hours, and deductions. If they did provide you a pay stub but you subsequently lost it and need another, I don't know that they cannot charge you for another copy, and my assumption is that they likely can.
They cannot refuse to provide you a copy, but my guess is that a small charge is likely within the law. Often with records requests and the like, there are copying fees, processing fees, etc. $5 may sound high for a copy of a single piece of paper, but it doesn't sound unreasonable, either, depending on the time it takes them to get it. (i.e., most employers utilized vendors for their pay stub processing which may delay their ability to retrieve the stub quickly and easily.)
Either way, the point of contact for inquiring further about this and/or filing a complaint, if necessary, is the Bureau of Labor and Industries.
If you found this answer helpful, please click the "Mark as good answer" button, below. If you'd like to contact me regarding potentially taking your case, please feel free to click on my profile and give my office a call. My answer to your Avvo question, however, is informational only and is not intended to be legal advice, nor does it form the basis for any attorney-client relationship whatsoever, which can only be formed upon signing an Engagement Agreement and depositing a Retainer Fee into client trust. Further, I am only licensed in Oregon and laws vary from state to state. If you have an Oregon-related issue, feel free to contact me for a consultation. If you are outside of Oregon, please consult an attorney in your area for legal advice.
3 lawyers agree
Social Security Lawyers
Even if your employer uses a service to process the payroll the employer will receive summary documents showing what an employee was paid each payroll cycle. It should take the employer about 2 minutes to accomplish this task and cost them about 20 cents in copying charges. Yes, I used to work in both HR and the Printing Industry. In my opinion, the $5 charge is excessive, unreasonable and punitive.
My colleague's suggestion to contact BOLI is sound advice. In addition, tell your DHS caseworker about this problem and ask him or her to order the records from the employer - that should take care of the problem and the DHS caseworker should be willing to assist you with this relatively straightforward task. If the employer gives the DHS caseworker any guff, the agency can subpoena the records as necessary. Yes, I used to work at DHS too.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
1 found this helpful
2 lawyers agree
Employment / Labor Attorney
Without your signature authorizing it, the employer cannot deduct it from your wages. If it does, then you have a wrongful deduction claim against your employer under ORS 652.610 and ORS 652.615.
Information is provided to assist the reader in forming questions and allow them to take full advantage of a consultation with the attorney of their choice. Schuck Law, LLC does not provide legal advice to individuals who have not signed a written fee agreement with the firm. The facts, which were not disclosed in the written question may change the advice, if any, that would be rendered by the attorneys at Schuck Law, LLC. For these and other reasons, Schuck Law, LLC is not responsible for any damages caused by the reader's use, mis-use, or interpretation of the information provided herein.
2 lawyers agree