The Fair Labor Standards Act (FLSA) is a federal law that many employers mistakenly (and sometimes not so mistakenly) violate. From the miscalculation of overtime payment, mis-classifying non-exempt employees, expecting employees to work off the clock, to improper record keeping, more and more employees are challenging employers in court and the Department of Labor is cracking down on violators.
Employers must keep certain records for each non-exempt (hourly) employee. The law requires this information be accurate on all current AND past employees.
Here is the Checklist the DOL uses to audit YOUR files!
1. Employee’s full name and social security number.
2. Address including zip code.
3. Birth date, if younger than 19.
4. Sex and Occupation.
5. Time and day of week when employee’s workweek begins.
6. Hours worked in a day.
7. Total hours worked each workweek.
8. Basis on which employee’s wages are paid (hour/piece/weekly/commissions/etc.)
9. Regular hourly pay rate.
10. Total daily or weekly straight-time earnings.
11. Total overtime earnings for the workweek.
12. All additions to or deductions from employee wages.
13. Total wages paid each pay period.
14. Date of payment and the pay period covered by the payment.
If you have questions regarding these requirements please call DAS HR Consulting at (817) 343-0066.
Reference: Department of Labor Wage and Hour Current Regulations. http://www.dol.gov/