[MI] Is it legal for an employer to send pay stubs through unsecured email?

MI Employment

Liz

46,810 satisfied customers

View context

Solved

Thanks for sharing that. It sounds frustrating that your concerns were not addressed. Technically, under the law, it is legal to send the pay stubs via email. It's however a gray area, because if the information is intercepted, they can then be liable for any damage caused by using an unsecured method. For context, Michigan's Payment of Wages and Fringe Benefits Act (MI Comp L § 408.479) requires an employer to furnish a wage statement to each employee at the time wages are paid, but it does not require that delivery be through a secure or encrypted method.

Separately, since your stub shows part of a Social Security number, Michigan's Social Security Number Privacy Act (MI Comp L § 445.83) restricts requiring that a Social Security number be transmitted over the internet unless the connection is secure or the number is encrypted, so if any digits of your Social Security number are visible on the document sent by email, that law may be directly relevant to your employer's practice. Most businesses use a secure portal for this reason.

Does that make sense?

Employee Workplace Complaint Form

Create Document

Full Conversation

Hello, I am a Michigan resident and my employer is sending my pay stub over the internet in an unsecured email. This does not seem to be correct, nor was I asked if I would allow this.

Lexi, Chatbot

I understand your concern about the security of your pay information. Have you discussed this issue with your employer or HR department?

I was ignored.

Lexi, Chatbot

Are you aware of any company policies regarding the delivery of pay stubs and employee consent?

There are no policies.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your pay stub issue.

I don't know.

Liz

Hi there! Welcome. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information only site. No attorney-client relationship is formed from our conversation. So I can best help, is email how they usually transmit documents?

This is new. Up until this pay cycle we got our stubs handed out. Today I got an email with a PDF attachment with my pay stub.

Liz

Has your employer given any reason for switching to sending pay stubs via email instead of handing them out?

Not to me, nor several employees. I am in IT. My manager asked me about this, and I told him no, I do not want my pay information sent across the web in any unsecured format. This was several weeks ago. He agreed with me, but they went ahead and did it.

Liz

Does that make sense?

It sucks that they can do this "legally" in an unsecured email. By the way, the stub has a partial Social Security number and bank account number. And year to date amounts.

Liz

They are required to take reasonable measures to protect data. Email is just a gray zone since there can be encryption, but it's one of the most often breached venues. I hope I was able to help. If you have any other questions, feel free to ask.

Liz

46,810 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Legal Eagle

Attorney

4.79 (135,460)

[CA] Does independently built software belong to the employee or the employer?

Answered 4 days ago

legalgems

Lawyer

4.43 (44,407)

[CA] What determines an employee’s primary place of employment for a non-compete exclusion clause?

Answered 7 days ago

Andrew F., Esq.

Expert

4.26 (42)

Can an employer legally fire an employee for discussing wages with coworkers?

Answered 7 days ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.