Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is the federal law that requires covered employers to pay nonexempt employees at least the federal minimum wage for all hours worked and overtime compensation for all hours worked over 40 in a workweek. To comply with the FLSA’s requirements, therefore, an employer must determine what time constitutes “hours worked.” You can review the general presentation. Also available is the memorandum for the exclusion of sleep time. The Residential Care Facilities under the FLSA is available for review. 

The FLSA requires recordkeeping. The following is a listing of the basic records that an employer must maintain: 

• Employee’s full name and social security number. 
• Address, including zip code. 
• Birth date, if younger than 19. 
• Sex and occupation. 
• Time and day of week when employee’s workweek begins. 
• Hours worked each day. 
• Total hours worked each workweek. 
• Basis on which employee’s wages are paid (e.g., “$9 per hour”, “$440 a week”, “piecework”) 
• Regular hourly pay rate.
• Total daily or weekly straight-time earnings.
• Total overtime earnings for the workweek (you can review the application of overtime).
• All additions to or deductions from the employee’s wages.
• Total wages paid each pay period.
• Date of payment and the pay period covered by the payment.