-Report Unpaid and Unrecorded Overtime & Wages-

What Kind Of Time & Pay Records Should Be Kept & Maintained By Your Employer?

The Fair Labor Standards Act (“FLSA”) sets minimum wage and overtime pay recordkeeping standards for employment subject to its provisions. Every covered employer must keep certain records on wages, hours, and other items for each non-exempt worker.

Although the FLSA does not require any particular form for the records, it does require that the minimum wage and overtime pay records include certain detailed identifying information about the employee and employment data about the hours worked and the wages earned. The basic employee overtime pay and minimum wage records that an employer must maintain and keep include the following:

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 workweek.
8. Basis on which employee’s wages are paid (e.g., “$10 per hour”, “$500 a week”, “piecework”)
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 the employee’s wages.
13. Total wages paid each pay period.
14. Date of payment and the pay period covered by the payment.

How Long Should Your Wage & Hour Records Be Retained By Your Employer?

Each employer is required to preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records, etc. and related recordkeeping. Records on which wage computations and calculations are based should be retained for two years, e.g., wage rate tables, work and time schedules, time cards and piece work tickets, and records of additions to or deductions from wages. The records may be kept at your employer’s place of employment or in a central records office.

What Kind Of Timekeeping Methods Must Your Employer Use?

Employers may use any timekeeping method they choose to track your time and hours worked. 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 permissible as long as it is complete and accurate.

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

If Your Employer Fails To Keep & Maintain Records…

Your employer’s failure to keep adequate employee time and wage records should not prevent you from recovering the overtime pay and other unpaid wages that your employer owes you.

Where an employer fails to maintain accurate payroll records an employee can still carry his or her burden of proof under the FLSA if he or she can show he performed work for which he was improperly compensated and produces some evidence to show the amount and extent of that work as a matter of just and reasonable inference.

Because precise evidence of the hours worked by each individual is not available due to the failure of (employers) to keep adequate records, overtime pay workers may satisfy their burden with inexact or approximate evidence (i.e., they may not need to prove the precise hours worked). Employees can often meet their burden of proof in wage and hour lawsuits and overtime pay actions by their own testimony showing that they have, in fact, performed work for which they have not been properly compensated.

Once overtime employees establish a prima facie case, the burden shifts to the employer to come forward with evidence of the precise amount of work performed or evidence to negate the reasonableness of the inference to be drawn from the employees’ evidence of hours worked and wages earned.

–Contact An Overtime Pay Class Action Lawyer–

If your employer failed to keep and maintain complete and accurate wage and hour overtime pay records (i.e., hours worked and wages earned, etc.) and you believe that you have not been paid all of the overtime pay, hourly wages, salary and other benefits that you believe you are owed by your employer, tell us your story!

-Report Unpaid and Unrecorded Overtime & Wages-

You can also share your overtime pay and wage complaints, if any, with other overtime pay employees by leaving a public comment below.

Overtime, Wage and Hour Recordkeeping Related Tags:

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-Report Unpaid and Unrecorded Overtime & Wages-

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-Report Unpaid Overtime & Wages-

The Fair Labor Standards Act (FLSA) requires that all covered, nonexempt employees be paid at least the minimum wage for all hours worked in their employ and that covered, nonexempt employees who work more than 40 hours in the workweek (7 consecutive 24-hour periods or 168 consecutive hours) receive at least one and one-half times their regular rate of pay for the overtime hours (hours worked over 40 in a workweek).

What Does Employ Mean?

The FLSA defines the term “employ” to include the words “suffer or permit to work”. Suffer or permit to work means that if an employer requires or allows employees to work, the time spent is generally deemed to be hours worked.

What Is Working Off The Clock?

Time spent doing work not requested by the employer, but still allowed by the employer, is generally considered hours worked, since the employer knows or has reason to believe that the employees are continuing to work off the clock and the employer is benefiting from the work being done off the clock. This time is commonly referred to or known as “working off the clock.”

Common examples of working off the clock or hours worked under the FLSA (for which overtime pay is generally due) might include:

An employee who voluntarily continues to work at the end of regular working hours.

An employee who needs to finish an assigned task, prepare reports, finish waiting on a customer or take care of a patient in an emergency.

An employee who may take work home to complete in the evening or on weekends to meet a deadline.

An employee who checks, reads and/or reviews work-related emails (whether on a handheld PDA or wireless telephone device or on a home computer, etc.), or listens to work-related voicemail messages while away from the office or workplace

An employee who must correct mistakes in his or her work. The time must be treated as hours worked. The correction of errors, or “rework”, is hours worked, even when the employee voluntarily does the rework.

An employee who waits to do work. Time which an employee is required to be at work or allowed to work for his or her employer is hours worked. A person hired to do nothing or to do nothing but wait for something to do or something to happen is still working. Employees subject to the FLSA must be paid for all the time spent in physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer of his business.

An employee who spends time putting on or taking off (i.e., donning and doffing) protecting gear, clothing or uniforms (e.g., anti-static smocks, goggles, shoe strips, and hand strips) and waiting in line to have the gear, clothing or uniforms checked before they began their shifts.

Hours worked off the clock include all the time during which an employee is required or allowed to perform work for an employer, regardless of where the work is done, whether on the employer’s premises, at a designated work place, at home or at some other location.

It is the duty of management to exercise control over their employees and see that work is not performed off the clock if the employer does not want it to be performed. An employer cannot sit back and accept the benefits of an employee’s off the clock work without considering the time spent to be hours worked. Merely making a rule against such off the clock work is not enough. The employer has the power to enforce the off the clock rule and must make every effort to do so. Employees generally may not volunteer to perform work without the employer having to count the time as hours worked.

–Contact An Overtime Pay Class Action Lawyer–

If you were employed and you believe that you have not been paid all of the overtime pay, hourly wages, salary and other benefits that you believe you are due (or if you are just not sure and want to find out), contact an overtime pay class action lawyer:

-Report Unpaid Overtime & Wages-

You can also share your overtime pay and wage complaints, if any, with other off the clock workers and off the clock employees by leaving a public comment below.

Working Off The Clock Overtime Pay Related Tags:

overtime law, labor law, mandatory, employment, regulation, unpaid overtime, wage law, exemption, overtime calculation, how to calculate overtime, overtime calculator, wage and hour, employee right attorney, employee right in workplace, lawyer for employee right, employee legal right, employment lawyer, employment lawyers,layoff, laidoff, layoffs, laid-off, lay off, laid off, employment law, employment law lawyer, class action, class actions, lawsuit, lawsuits, suit, suits, case, cases, laws, firm, firms, lawsuite, lawsuites, attorney, attorneys, lawyer, lawyers, complaint, complaints, complain, complains, compliants

-Report Unpaid Overtime & Wages-

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