- Additional Recordkeeping Requirements
- FLSA – Law and Regulations
- Elaws Fair Labor Standards Act (FLSA) Advisor
Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. There is no required form for the records, but the records must include accurate information about the employee and data about the hours worked and the wages earned. Please note that other laws governing wages and hours worked may have additional recordkeeping requirements.
Employee’s full name, as used for social security purposes, and on the same record, the employee’s identifying symbol or number if such is used in place of name on any time, work, or payroll records;The following is a listing of the basic records that an employer must maintain:
- Address, including zip code;
- Birth date, if younger than 19;
- Sex and occupation;
- Time and day of week when employee’s workweek begins. Hours worked each day and total hours worked each workweek;
- Basis on which employee’s wages are paid;
- Regular hourly pay rate;
- Total daily or weekly straight-time earnings;
- Total overtime earnings for the workweek;
- All additions to or deductions from the employee’s wages;
- Total wages paid each pay period;
- Date of payment and the pay period covered by the payment.
The Fair Labor Standards Act (FLSA) requires that employers keep accurate records of hours worked and wages paid to employees. However, the FLSA does not require an employer to provide employees pay stubs.
Please note that other laws governing wages and hours worked may have additional recordkeeping requirements.
Additional Recordkeeping Requirements
EEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination.
Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. Additionally, employers must keep on file any employee benefit plan (such as pension and insurance plans) and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination.
Under Fair Labor Standards Act (FLSA) recordkeeping requirements applicable to the EPA, employers must keep payroll records for at least three years. In addition, employers must keep for at least two years all records (including wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements) that explain the basis for paying different wages to employees of opposite sexes in the same establishment.
These requirements apply to all employers covered by Federal anti-discrimination laws, regardless of whether a charge has been filed against the employer.
FLSA – Law and Regulations
- The Fair Labor Standards Act (FLSA) – Establishes minimum wages, overtime pay, record keeping and child labor standards for private sector and government workers.
- 29 CFR Part 516 – Describes the general recordkeeping requirements of the FLSA.
DOL’s interactive online tool that, among other functions, addresses recordkeeping questions such as “Are pay stubs required?”
E-Verify is an online system that allows businesses to determine the eligibility of their employees to work in the United States. For instructions and policy guidance, click here to visit the Employers section of the website, or click here to visit the Employees section.