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Where the state prescribes a specific method of delivery – such as on the pay check or pay envelope – electronic delivery requires employee consent. That means if you roll out a paperless pay program to all employees, those in this category must be allowed to opt-out to begin receiving their paper pay stub once again.
Most state agencies have endorsed this interpretation. The opinions of some state agencies, however, vary. State agencies have offered interpretations that would not require an employee’s consent, while Delaware has taken the position that an electronic pay statement is not compliant.
| California1 |
| Delaware |
| Massachusetts |
| Oregon |
| Wisconsin |
| Wyoming |
1The California Division of Labor Standards Enforcement has taken the position that an employee must consent to receive her pay statement electronically. See Letter from Miles Locker, Chief Counsel for the Division of Labor Standards Enforcement, to Senator Richard Rainey, California State Senate, and Assemblywoman Lynne Leach, California State Assembly, 6-7 (July 19, 1999).
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