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For covered nonexempt employees, the Fair Labor Standards Act (FLSA) requires employers to keep accurate records of hours worked and wages paid—but it does not require a time clock, app, or specific record format. Employers may choose a method that produces complete, accurate records. Federal guidance also sets different retention periods for payroll records and records used to calculate wages.
What records does the FLSA require employers to keep?
The U.S. Department of Labor (DOL) says FLSA-covered employers must maintain records for each covered nonexempt worker. The records must accurately capture identifying information, hours, and wage details. The DOL describes the requirements in its Fact Sheet #21 on FLSA recordkeeping and its recordkeeping overview.
- Worker information: Full name, Social Security number, address, sex, and occupation. For a worker younger than 19, include date of birth.
- Workweek and hours: The day and time the workweek begins, hours worked each day, and total hours worked each workweek. Daily and weekly totals are separate information to preserve.
- Pay information: Basis of pay, regular hourly rate, straight-time earnings, overtime earnings, additions to or deductions from wages, total wages for each pay period, payment date, and the pay period covered.
A schedule or timekeeping product alone does not establish that the required records are accurate. The records must reflect the hours and wage calculations for the worker.
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Does the FLSA require a time clock?
No. Federal FLSA guidance does not prescribe a time clock, software, or a particular form. As Fact Sheet #21 puts it, “Any timekeeping plan is acceptable as long as it is complete and accurate.” DOL examples include using a clock, having a timekeeper record hours, or asking employees to write down their own hours.
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An employee time clock is one possible tool, not a federal requirement. Buying a clock, app, or payroll product does not by itself ensure compliance; the employer remains responsible for complete and accurate records.
Can employees record their own hours?
Yes. DOL lists employee-entered hours as an acceptable method when the resulting records are complete and accurate. Employers still need to maintain the required records and ensure that the method captures daily hours, weekly totals, and information needed to support wage calculations.
Can an employer use a fixed schedule instead of recording every shift?
For employees who usually follow a fixed schedule and seldom vary from it, an employer may record the exact normal schedule and indicate that the employee followed it. If the employee works more or less than scheduled, the employer must record the actual hours for that exception. A schedule is therefore not a substitute for documenting deviations.
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How long should employers keep time and payroll records?
DOL Fact Sheet #21 distinguishes between records used for different purposes. It states these federal retention periods:
| Record type | Federal retention period | Examples |
|---|---|---|
| Payroll records, collective bargaining agreements, and sales and purchase records | At least three years | Payroll records and the listed agreements or business records |
| Records used to compute wages | Two years | Time cards, piecework tickets, wage-rate tables, work and time schedules, and records of additions to or deductions from wages |
The periods come from the DOL’s Fact Sheet #21, revised July 2008, which says records must be available for inspection by DOL representatives. Do not assume every timekeeping-related document falls under the same period: distinguish payroll records from records used to compute wages.
Why accurate hours matter for overtime
Hours records support determining hours worked and calculating wages, including overtime for covered nonexempt workers. The DOL’s Handy Reference Guide to the FLSA says hours worked ordinarily include time an employee is required to be on duty, on the employer’s premises, or at another prescribed workplace, from the first principal activity to the last principal work activity.
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Generally, covered nonexempt employees must receive at least one and one-half times their regular rate for hours worked over 40 in a workweek. Whether a particular activity counts as compensable time depends on the applicable rules and facts; this general overview does not resolve specific activities, exemptions, or industry rules.
What employers should check in a timekeeping process
- Does the process capture hours for each day and the total for each workweek?
- Can it record actual hours when an employee works more or less than a fixed schedule?
- Does it support accurate wage records, including regular-rate and overtime calculations?
- Can the relevant records be retained and retrieved for the applicable federal period?
This is a federal overview of DOL guidance. State or local laws may impose additional requirements, and the applicable rules depend on the jurisdiction. Fact Sheet #21 summarizes regulations and is general information, not itself a binding regulation or an official statement of position. For a specific legal or industry question, consult the current rules and authoritative guidance applicable to the facts.
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