2008 earned 2009 paid

I was employed for 3 days in December 2008. The "pay period" ended in 2008, but the "pay day" was January 2, 2009. I have not received a W2 Form and, after inquiry, my employer informed me that I will not be receiving one until next year. I have done my best to research the tax code on my own to find where it states that employers can do this, but to no avail. On the other hand, I do see that I am required to report all income EARNED in 2008. I had no other taxable income in 2008 and would very much like the W2 so that I can get a return in the taxes I paid.

Thank you in advance.

They need to give you one for the days worked in 2008.

Or you can inform the nearest Dept of Labor office. And the IRS.