05.35 AP2 Employee Records Required by the Fair Labor Standards Act

    Important – School officials should contact the Board Attorney for application of the Fair Labor Standard Act (FLSA) to specific situations.  The information contained in this procedure, and any information provided in the hyperlinks contained in it, should be confirmed with the Board Attorney before its application to a specific situation.

    This table contains the FLSA recordkeeping requirements as described in dol.gov/whd/regs/compliance/whdfs21.h....

    Actor

    Action

    Business office working with supervisors of non-exempt employees

    Keep each of the following records concerning non-exempt employees for at least three years (29 C.F.R. §516.2):

    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 each day

    7. Total hours worked each work week

    8. Basis on which employee’s wages are paid (e.g., $9 per hour or  $440 a week)

    9. Regular hourly pay rate

    10. Total daily or weekly straight time earnings

    11. Total overtime earnings for the work week

    12. All additions to or deductions from the employee’s wages

    13. Total wages paid each pay period

    14. Date of payment and the pay period covered by the payment.

    Business office working with supervisors of exempt employees

    Concerning exempt employees, keep for at least three years, the records listed in numbers 1-5, 13-14 above and a record showing the basis on which the exempt employee’s wages are paid.                                (e.g., salary basis for $x per pay period, 29 C.F.R. §516.3.

    Business office

    1. Payroll records must be kept for at least three years.  29 C.F.R. §516.5(a)

    2. Records on which wage computations are bases must be kept for at least two years, i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages.  29 C.F.R. §516.6.

    3. Collective bargaining agreements and individual employment contracts must be kept for at least three years (when an agreement is not in writing, prepare and retain a written memorandum summarizing it).  29 C.F.R §516.5(b).

    4. Certificates and notices must be kept for at least three years.  29 C.F.R. §516.5(b).

    Building Principal

    Display an official poster outlining the provisions of FLSA, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-487-9243.  This poster is also available electronically for downloading and printing at:  dol.gov/whd/regs/compliance/whd_fs.pd...

    Keep records regarding the posting of notices for at least 3 years.29 C.F.R. §516.5(b).


    Updated:  June 2024