The FLSA recordkeeping rules list what must be kept for each employee and how long, and those records are the first thing an investigator asks for.
A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.
Keep for at least three years: payroll records, certificates and agreements, and sales and purchase records (29 CFR 516.5).
Keep for at least two years: time cards, wage rate tables, work time schedules and records of additions to or deductions from wages (29 CFR 516.6).
For each employee, records include name, address, birth date if under 19, occupation, hours worked each day and week, regular rate, overtime earnings and total wages (29 CFR 516.2).
Records must be kept safe and available for inspection at the place of employment or a central records office. A record that cannot be found quickly is treated as a record that does not exist.
Exempt employees need fewer time records, but the pay and classification records must still be kept. When an exemption is challenged, the missing records are the employer’s problem.
Electronic records are acceptable if they can be produced in readable form. Retention should follow the longest rule that applies.
The records that prove how a benefit payment was treated for the regular rate belong with the payroll records. Keep the plan design, the payroll code and the date of each change together.
Deduction authorizations and enrollment forms support the deduction records. Michigan’s wage payment law also requires a pay statement showing deductions, so the same file serves both.
When an employee waives coverage and receives cash, record the amount and how it entered the regular rate.
Map Your Records. List each required record and where it is stored.
Set Retention. Apply the longer of the federal and state periods.
Run a Mock Request. Practice producing records for one employee in a day.
Name an Owner. Assign who keeps and produces each record.
Records in Many Places. Scattered files slow every response.
Early Destruction. Discarding records before the periods end is a violation.
No Benefit Treatment Record. Without it, the regular rate is hard to defend.
Records to be kept, 29 CFR 516.2 — Employee information and pay data.
Preservation of records, 29 CFR 516.5 — Three-year records.
Supplementary records, 29 CFR 516.6 — Two-year records.
Short answers to what employers ask most. This is general information, not legal or tax advice.
At least three years.
At least two years.
Yes, if they can be produced in readable form.
Fewer, but pay and classification records are still required.
Employer duties and the benefit-plan questions that follow.
Employer duties and the benefit-plan questions that follow.
Employer duties and the benefit-plan questions that follow.
Employer duties and the benefit-plan questions that follow.
Employer duties and the benefit-plan questions that follow.
Employer duties and the benefit-plan questions that follow.
An independent employee benefits consulting firm. We look at the entire benefits program — cost, plan performance, risk and administration.
Switch to CFH. Unhappy with your broker? Your employees won’t notice. You will. →
We use cookies to keep the site working properly and to understand how it is used. You can decline anything that is not essential. See our Privacy Policy for the detail.