Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)

If you are an employer who is covered by the federal Fair Labor Standards Act (FLSA), or if you have employees who are covered by federal wage and hour provisions, you are subject to rules that require you to maintain and preserve records. If your employees or independent contractors are exempt from the federal law, you'll have to keep records to prove that fact. Employers must also be sure to comply with recordkeeping requirements pursuant to state wage and hour laws, which may differ from federal requirements.

In order to comply with FLSA recordkeeping requirements, you need to know what kinds of information you should retain for non-exempt and exempt workers, employees who work at home, and tipped employees, as well how to store and keep your records.

From required processes and forms at hire (E-Verify, W-4, I-9), to retention guidelines for timesheets and payroll, this session will thoroughly review what employers need to know about documentation requirements.  While retention is extremely important, the state and accuracy of records must also be focused on.  GIGO is – and should be – a huge concern for employers… Garbage In, Garbage Out…. This session will review basics for ensuring your data is accurate, complete and useful to your organization.

Session Agenda:

• Reviewing Employer Documents from Hire Through Termination
• Records for Non-exempt Employees
• Exempt Employee Records
• Homeworker Records
• Records for Tipped Employees
• Employee Record Retention and State Recordkeeping Rules
• Preserving and Retaining Your Records
• State Laws on Recordkeeping
• How to preserve the integrity of your data… Auditing!

The Fair Labor Standards Act (FLSA) has been the source of much debate and litigation over the past decade.  In fact, the law has caused so many challenges that significant changes to “White Collar” exemptions are still very possible Even with the current injunction on the Department of Labor (DOL) changes, many states laws are being implemented and the impact on employers who must keep up with the changes is great.

• What’s the state of the Overtime Changes and what should employers be doing today
• State specific concerns that every employer should be aware of (i.e., Paid Leave Laws, Lunch and Breaks)
• Update on Labor and Employment Law – the hot topics Today

This session will provide informational charts of various regulations as well as demonstrable slides of required forms.  Examples of how to track employees will be reviewed with examples of actual solutions available on the market today.  

Who Should Attend:

• Business owners
• Finance Operations
• Human Resources
• In-house counsel

Somer V. Jefferiss Esq.

Mrs. Jefferiss’ practice has focused on Human Resources and employment law for the past decade. As Counsel and Director of Compliance for Datamatics Management Services, Inc., Mrs. Jefferiss works closely with company executives, HR professionals and labor management consultants to resolve legal and business issues employers face. Combining her knowledge of federal and local employment and labor laws with her software expertise, Mrs. Jefferiss directs clients in HRIS, TLM and Payroll software configurations. Mrs. Jefferiss advises clients in various industries, both large and small, on drafting and implementing company policies and procedures. She frequently oversees projects for client companies including internal or 3rd party audits, undergoing workforce management changes or revising internal practices to ensure compliance. Mrs. Jefferiss hosts training sessions and seminars throughout the country on topics from wage and hour compliance, anti-discrimination policies, implementation best practices, and informational sessions on federal and state regulations. Mrs. Jefferiss graduated with an Economics degree from the University of Colorado at Boulder and with her Juris Doctorate from Willamette University College of Law in Salem, Oregon. She is licensed to practice law in the State of New Jersey and the 3rd Circuit District Court and is a Certified Professional in Human Resources (PHR) through the Human Resources Certification Institute. She resides in Alexandria, Virginia with her husband and three young sons.