Introduction to the Fair Labor Standards Act (FLSA)

E. T IMESHEETS FOR E XEMPT E MPLOYEES Since public employers are permitted to deduct pay of their employees for partial day absences, they can require exempt employees to complete a timesheet and record hours worked. 217 Moreover, both public and private sector employers can require exempt employees to complete timesheets and to be at work during specified hours. 218 F. P OSTING R EQUIREMENT Employers must display notices pertaining to the minimum wage and maximum hour requirements of the Act in conspicuous places in every establishment where employees are employed. 219 Failure to post such notice may toll the Act’s two-year statute of limitations, which could expose an employer to several years of liability for FLSA violations. 220 The required notices are available from Wage and Hour Division Regional Offices or from the DOL website, at http://www.dol.gov/whd/resources/posters.htm .

A poster specific to state and local government employees is available from the DOL website, at http://www.dol.gov/whd/regs/compliance/posters/wh1385State.pdf .

G. P RESERVATION OF R ECORDS

1. T HE F OLLOWING D OCUMENTS M UST B E P RESERVED FOR T HREE Y EARS :



Payroll records;

 Collective bargaining agreements and all amendments or additions thereto;

 Plans, trusts, employment contracts; and

 Certificates or notices prepared in regard to application and implementation of the Act. 221

2. T HE F OLLOWING D OCUMENTS M UST B E P RESERVED FOR T WO Y EARS :

 Basic employment and earnings records, which includes daily starting and stopping times of employees;

 Wage rate tables or salary schedules;



Work time schedules;

 Records of additions to or deductions from wages paid; and

 Records maintained by the employer which explain the basis for payment of any wage differential to employees of the opposite sex. 222

Introduction to the Fair Labor Standards Act (FLSA) ©2019 (s) Liebert Cassidy Whitmore 41