29 Cfr 516.2

Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR516.2]

[Page 102-103]

TITLE 29--LABOR

CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

PART 516_RECORDS TO BE KEPT BY EMPLOYERS--Table of Contents

Subpart A_General Requirements

Sec. 516.2 Employees subject to minimum wage or minimum wage and

overtime provisions pursuant to section 6 or sections 6 and 7(a) of

the Act.

(a) Items required. Every employer shall maintain and preserve

payroll or other records containing the following information and data

with respect to each employee to whom section 6 or both sections 6 and

7(a) of the Act apply:

(1) Name in full, as used for Social Security recordkeeping

purposes, and on the same record, the employee's identifying symbol or

number if such is used in place of name on any time, work, or payroll

records,

(2) Home address, including zip code,

(3) Date of birth, if under 19,

(4) Sex and occupation in which employed (sex may be indicated by

use of the prefixes Mr., Mrs., Miss., or Ms.) (Employee's sex

identification is related to the equal pay provisions of the Act which

are administered by the Equal Employment Opportunity Commission. Other

equal pay recordkeeping requirements are contained in 29 CFR part 1620.)

(5) Time of day and day of week on which the employee's workweek

begins (or for employees employed under section 7(k) of the Act, the

starting time and length of each employee's work period). If the

employee is part of a workforce or employed in or by an establishment

all of whose workers have a workweek beginning at the same time on the

same day, a single notation of the time of the day and beginning day of

the workweek for the whole workforce or establishment will suffice,

(6)(i) Regular hourly rate of pay for any workweek in which overtime

compensation is due under section 7(a) of the Act, (ii) explain basis of

pay by indicating the monetary amount paid on a per hour, per day, per

week, per piece, commission on sales, or other basis, and (iii) the

amount and nature of each payment which, pursuant to section 7(e) of the

Act, is excluded from the ``regular rate'' (these records may be in the

form of vouchers or other payment data),

(7) Hours worked each workday and total hours worked each workweek

(for

[[Page 103]]

purposes of this section, a ``workday'' is any fixed period of 24

consecutive hours and a ``workweek'' is any fixed and regularly

recurring period of 7 consecutive workdays),

(8) Total daily or weekly straight-time earnings or wages due for

hours worked during the workday or workweek, exclusive of premium

overtime compensation,

(9) Total premium pay for overtime hours. This amount excludes the

straight-time earnings for overtime hours recorded under paragraph

(a)(8) of this section,

(10) Total additions to or deductions from wages paid each pay

period including employee purchase orders or wage assignments. Also, in

individual employee records, the dates, amounts, and nature of the items

which make up the total additions and deductions,

(11) Total wages paid each pay period,

(12) Date of payment and the pay period covered by payment.

(b) Records of retroactive payment of wages. Every employer who

makes retroactive payment of wages or compensation under the supervision

of the Administrator of the Wage and Hour Division pursuant to section

16(c) and/or section 17 of the Act, shall:

(1) Record and preserve, as an entry on the pay records, the amount

of such payment to each employee, the period covered by such payment,

and the date of payment.

(2) Prepare a report of each such payment on a receipt form provided

by or authorized by the Wage and Hour Division, and (i) preserve a copy

as part of the records, (ii) deliver a copy to the employee, and (iii)

file the original, as evidence of payment by the employer and receipt by

the employee, with the Administrator or an authorized representative

within 10 days after payment is made.

(c) Employees working on fixed schedules. With respect to employees

working on fixed schedules, an employer may maintain records showing

instead of the hours worked each day and each workweek as required by

paragraph (a)(7) of this section, the schedule of daily and weekly hours

the employee normally works. Also,

(1) In weeks in which an employee adheres to this schedule,

indicates by check mark, statement or other method that such hours were

in fact actually worked by him, and

(2) In weeks in which more or less than the scheduled hours are

worked, shows that exact number of hours worked each day and each week.