Overtime Record Keeping

 

Employers must keep wage and hour records for every worker under their employ.

Many overtime lawsuits are won simply because the employer failed to keep accurate time records for their employees.

The FLSA requires employers to keep records on wages, hours, and other items, as specified in Department of Labor recordkeeping regulations. Most of the information is of the kind generally maintained by employers in ordinary business practice and in compliance with other laws and regulations. The records do not have to be kept in any particular form and time clocks need not be used. 

With respect to an employee subject to both minimum wage and overtime pay provisions; the following records must be kept:

  • Personal information, including employee's name, home address, occupation, sex, and birth date (if under 19 years of age);
  • Hour and day when workweek begins;
  • Total hours worked each workday and each workweek;
  • Total daily or weekly straight-time earnings;
  • Regular hourly pay rate for any week when overtime is worked;
  • Total overtime pay for the workweek;
  • Deductions from or additions to wages;
  • Total wages paid each pay period; and
  • Date of payment and pay period covered.

Records required for exempt employees differ from those for nonexempt workers, and special information is required for homeworkers, for employees working under uncommon pay arrangements, for employees to whom lodging or other facilities are furnished, or for employees receiving remedial education. If an employer fails to keep these records, they may have a hard time disproving an employee's overtime claim in court. 

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