Section 5 Fair Labor Standards Act of 1938

• Library: Employer-Employee Law 2008

The Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201
et seq., governs the payment of wages and overtime to employees who are not exempt under the FLSA. 29 U.S.C. §§ 206 and 207. Employers are required to keep records in accordance with the regulations promulgated by the U.S. Department of Labor (DOL). 29 U.S.C. § 211(c).

Like regulations implementing other employment-related statutes, the FLSA regulations do not require that employers maintain their records in a particular form or order. 29 C.F.R. § 516.1(a). However, employers are required to keep certain information, in whatever format they choose. Id. Employers may retain their records using microfilm or similar technology, as long as adequate viewing or projection equipment is available, reproductions are clear and identifiable by date or pay period, and copies of the information are made available upon request by the DOL. Id. Employers must store their records in a safe and accessible location at the place of employment or at a centralized recordkeeping location where records are customarily maintained. 29 C.F.R. § 516.7(a). If the employer opts to keep its records at a centralized location, the employer must make the records available for inspection within 72 hours after a request from the DOL. Id.

With regard to employees who are subject to the minimum wage and overtime provisions of the FLSA, employers must keep a record of each employee’s name, as used for Social Security purposes, along with, in the same record, any symbol or number used to identify the employee in time, work, or payroll records. 29 C.F.R. § 516.2(a)(1). Employers must maintain records of the home address, including zip code, for all employees. 29 C.F.R. § 516.2(a)(2). In addition, employers must keep records reflecting the date of birth for employees under the age of 19. 29 C.F.R. § 516.2(a)(3). Employers’ records must contain information regarding the sex and occupation of each employee.
29 C.F.R. § 516.2(a)(4).

In addition to the basic information outlined above, employers must keep specific information regarding wages and hours for employees covered by the FLSA minimum wage and overtime provisions. Specifically, the records must indicate the time of day and day of
the week on which each employee’s workweek begins. 29 C.F.R. § 516.2(a)(5). If the entire workforce begins its workweek at the
same time on the same day, employers may make a single notation of when the workweek begins, rather than keeping a record for...