Avoiding FLSA Recordkeeping Pitfalls

The Fair Labor Standards Act (FLSA) affects full and part-time workers in the private sector and in Federal, State, and local governments. It mandates overtime compensation for a work week in excess of 40 hours, sets minimum wage and recordkeeping standards, and establishes labor laws for minors.

Every covered employer must keep certain records for each non-exempt worker. The records must be accurate and complete to ensure corporate compliance. FLSA regulations require the data to be kept for three years and any supplementary data for at least two years. Whether kept on paper, a computer, or in microfilm format, businesses must be able to produce the data immediately in the event that Department of Labor auditors inspect them.

Automated timekeeping software simplifies compliance with FLSA recordkeeping requirements. These solutions keep an electronic record of each employee’s identifying information and give employees a consistent way to record the hours they work. The timesheet data can then be transferred to a payroll solution or outsourcing service for accurate payroll calculations and preparation. The timekeeping solution easily stores data for years and can quickly generate reports for Department of Labor auditors.

This paper details the keys to avoiding FLSA litigation exposure including:

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