Employee Recordkeeping Requirements Under Federal and Massachusetts Wage Laws: Which Records Should Employers Keep?
Keeping complete and accurate time and wage records is not just a legal requirement– it is also a good business practice. In a lawsuit for unpaid wages or overtime, the burden of proving when and for how long an employee worked is placed on the employer. An employer who has kept thorough and accurate time and wage records will be better equipped to defend against a wage and hour lawsuit.
For each non-exempt employee, federal regulations require that employers retain at least the following records:
- 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.
- 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.
For each exempt employee, federal regulations require that employers retain at least the records listed above, except those listed in numbers 6 through 10 and a description of the basis on which wages are paid, e.g. the dollar amount of earnings per month, per week, per month plus commissions, benefits, etc.
For more information on recordkeeping requirements or the prevention of wage and hour lawsuits, please contact a member of the Employment Law Group.
On Friday, October 11 MBBP Employment Attorney Scott Connolly and Boston Red Sox Senior Manager of Legal Operations Mandy Petrillo will be co-speaking at the Boston Bar Association (BBA) event “Unpaid Internships: Mitigating Risks and Alternatives“. Entertainment companies traditionally have experienced the most problems related to unpaid internships. Join us for a discussion about avoiding pitfalls when hosting unpaid interns and alternative arrangements.
The event takes place at the BBA and runs from 12:00PM to 1:00PM. Please visit the BBA for more details and to register.
On Tuesday, October 29th MBBP is hosting a seminar on Employee Terminations: Avoiding Claims & Liability. Discharging an employee is one of the most difficult parts of a manager’s (and HR professional’s) job. It is also the employment action most likely to expose a business to legal claims and liability. This Program is designed to help HR professionals, managers and in-house counsel develop a rational and strategic approach to employee terminations. We will review the major areas of risk and the common employer pitfalls and traps for the unwary. We will lead a very practical discussion with attendees focused on developing best practices that will avoid employee claims and liability.
Registration for the event begins at 7:30AM with the program to begin at 8:00AM. To learn more or to register for this event, please visit our event page.