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What Is Recordkeeping Under The Fair Labor Standards Act?


The Fair Labor Standards Act (FLSA) of 1938 is one of many federal employment laws that provide rights to employees. The FLSA sets standards regarding child labor, minimum wage, overtime, and recordkeeping. While many employees might be familiar with their rights regarding minimum wage and overtime pay, they may be less familiar with what the recordkeeping requirements of the FLSA are and how these can help protect them.

Learn more about the FLSA’s recordkeeping requirements and what you can do if you experience an FLSA violation.

Do Employers Have to Keep Records for All Employees?

Employers must keep records that adhere to the FLSA’s requirements for non-exempt employees. Who is covered by the FLSA varies depending on their position and the industry they work in. However, over 143 million employees are covered by the FLSA.

What Records Do Employers Have to Keep?

The FLSA requires employers to keep various information regarding non-exempt employees, the hours they work, and the wages they receive. However, employers must also keep certain records for exempt employees that show that they meet the qualifications to be considered exempt. Employers may also use whatever method they prefer to keep track of the hours their employees work, so long as the information is accurate. Employers may keep records on paper or an electronic file. 

Under the FLSA, the accurate information employers must have for covered employees includes the following:

  • The employee’s full name, address, sex, and social security number. Employers must also record an employee’s date of birth if they are under the age of 19.
  • The employee’s occupation. 
  • The time and day the employee’s work week begins, how many hours they work each day, and how many hours they work each work week.
  • The basis on which the employee’s wages are paid, such as hourly or weekly, and the employee’s hourly pay rate.
  • The employee’s total daily or weekly straight-time earnings. 
  • The total wages for a pay period. 
  • The total number of overtime earned for the workweek.
  • Any additions or deductions from the employee’s wages.
  • The date the employee is paid and the time period the payment covers. 

How Long Do Employers Have to Keep Records?

Employers don’t have to hold onto these records permanently, but the FLSA does have regulations that state how long they must keep certain records. Employers must keep records, collective bargaining agreements, and sales and purchase records for at least three years. Additionally, they must keep records related to wage computations, such as timecards and work schedules, for at least two years.

Contact Brown Kwon & Lam if You’ve Experienced an FLSA Violation

You deserve to be paid for the hours you work, including any overtime you work if you’re a non-exempt employee. However, protecting the employee rights you’re afforded by the Fair Labor Standards Act and other employment laws can be challenging. In some cases, you might not even be sure which laws you’re covered by. At Brown Kwon & Lam, we have experience protecting the rights of NYC employees and will work hard to ensure you get what you deserve.

Contact us today to learn more about how our employee rights attorneys can help you.