FLSA Timekeeping Requirements

Who does FLSA apply to?

One of the FLSA Timekeeping Requirements is that hourly employees must be paid at least the minimum wage and not less than one and one-half times their regular rates of pay for overtime hours worked.

What are the timekeeping recordkeeping requirements?

Every covered employer must keep certain records for each non-exempt worker. The department of labor requires accurate records. The following is a listing of the basic records that an employer must maintain:

• Time and day of week when employee's workweek begins
• Time worked each day
• Total hours worked each workweek and pay period
• Total daily or weekly straight-time hours
• Total overtime hours for the workweek

What type of record should be retained?

Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records. Records on which wage computations are based should be retained for 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.

What type of timekeeping is best?

Employers may use any timekeeping method they choose. For example, they may use a time clock, have a timekeeper keep track of employee's work hours, or tell their workers to write their own times on the records. Any timekeeping plan is acceptable as long as it is complete and accurate

What about employees on irregular work schedules?

Many employees work on a fixed schedule from which they seldom vary. The employer may keep a record showing the exact schedule of daily and weekly hours and merely indicate that the worker did follow the schedule. When a worker is on a job for a longer or shorter period of time than the schedule shows, the employer must record the number of hours the worker actually worked, on an exception basis.

Are timesheets required by law?

Employers may use any timekeeping method they choose. For example, they may use a time clock, have a timekeeper keep track of employee's work hours, or tell their workers to write their own times on the records. Any timekeeping plan is acceptable as long as it is complete and accurate.

Timesheets are a legal document, which are the source of payroll transactions, and are related to a project, customer invoicing. Timesheets serve as the legal authority to pay an employee. ... For example, the timesheet policy might require that time worked be reported accurately on the date that such work was performed.

Can my boss alter my timesheet?

While falsification of an employee's time sheet can be a serious offense, it isn't illegal for a supervisor or employer to change an employee's time sheet –as long as it reflects the correct hours that were worked.

Additional Resources

Record-keeping Requirements under the Fair Labor Standards Act

Electronic Code of Federal Regulations