Employer can go green, but must follow some rules.

Byline: ON THE JOB Bureau of Labor & Industries For The Register-Guard

Question: For the purpose of reducing the usage of paper in my company, can an employer pay an employee with a debit card instead of issuing a paycheck?

Answer: An employer can pay an employee through a direct deposit system, automated teller machine card, payroll card or other means of electronic transfer under the following conditions:

Employee specifically and voluntarily agrees and authorizes employer to pay him or her through a direct deposit system, ATM card, payroll card or other means of electronic transfer.

Employer does not charge employee a fee for setting up the electronic payment method or device.

Employee can obtain the entire net amount of wages earned after the legal deductions from the total earnings without discount in cash on demand at some bank or other established place of business, without having to pay a fee, in the county where the employee lives or works.

Employee can revoke the authorization.

The agreement is revoked 30 days after the date the notice is received by the employer.

An employee who works as a seasonal farmworker (as defined in Oregon Revised Statutes 652.145) or an employee who works in packing, canning, freezing or drying any variety of agricultural crops can give the employer notice of revocation of the agreement either orally or in writing.

Unless the employer and the employee agree otherwise, the agreement is revoked 10 days after the date the notice is received by the employer.

Question: I have been filing my federal income tax returns electronically. Can an employer eliminate the pay stubs in paper form and furnish one to each employee via e-mail every payday?

Answer: The employer is required to furnish employee an itemized statement of earnings and deductions each time an employee receives a compensation payment. The employer may provide an electronic itemized payroll statement to an employee as long as the employee agrees and has the ability to print or store the electronic itemized payroll statement at the time of receipt.

Question: For the purpose of migrating to an almost paperless personnel file, can an employer maintain personnel records electronically?

Answer: Oregon law (Oregon Revised Statutes 652.750) does not specify the format of how personnel records are kept or maintained. However, many employers do maintain personnel records electronically and preserve the right to print hard copies as needed.

While there does not appear to be any legal problem with this, employers should make sure that the files are electronically stored in a way that ensures their confidentiality and security.

It also would be wise to consult an attorney for more specifics.

Additionally, effective for requests made on or after Jan. 1, 2008, within 45 days after receipt of the request of the employee or terminated employee, the employer is required to furnish a copy of the personnel records of the employee or terminated employee.

If the employee's personnel records are not readily available, the employer and the employee may agree to extend the time. The employer may charge the employee a reasonable fee for the copying services.