(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 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.
