Duty to Maintain Timesheets

Hello, and welcome to LegalEase. Today’s topic is about an Employer’s Duty to Maintain Timesheets.

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The Fair Labor Standards Act, FLSA, requires all employers to maintain timesheets for non-exempt employees. Non -exempt, generally,  refers to wage and hour employees.  Although no specific form is required, the timesheets (time records) must contain specific information, such as name, social security number, date of birth, when the work week began and ended, overtime hours, overtime pay, and the date of payment, among other things. You can find a more detailed list on the Department of Labor website under the Fair Labor Standards Act.

How long does an employer need to keep the time records? Three years, at least. Employers should maintain employee time records for reference, in the event the Department of Labor audits the business or an employee files a claim alleging a violation of FLSA.

How does an employer keep timesheets or time records when employees are teleworking more? We will address this topic in our next segment.

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