Nonexempt Employee Records

Federal wage and hour laws require that your records show the following for each nonexempt employee (in other words, those who must be paid at or above the minimum wage, and who must be paid time-and-one-half for overtime):

• name in full, as used for Social Security recordkeeping purposes, and, on the same record, the employee's identifying symbol or number if used in place of name on any time, work, or payroll records
• home address, including zip code
• date of birth, if the employee is under 19 years of age, for child labor purposes
• gender of the employee (employee's gender identification is related to the equal pay provisions of the Fair Labor Standards Act (FLSA))
• occupation in which employed
• time of day and day of week on which the employee's workweek begins (if all employees have a workweek beginning at the same time on the same day, a single notation of the time of the day and the beginning of the workweek for all employees will suffice)
• regular hourly rate of pay for any workweek in which overtime compensation is due, including:
  • an explanation of pay by indicating the monetary amount paid on a per hour, per day, per week, per piece, commission on sales, or other basis
  • the amount and nature of each payment that is excluded from the regular rate
• hours worked each workday and the total hours worked each workweek
• total daily or weekly straight-time earnings or wages due for hours worked during the workday or workweek, not counting premium overtime compensation
• total premium pay for overtime hours (which excludes the straight-time earnings for overtime hours referred to in the previous item)
• 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 that make up the total additions and deductions
• total wages paid each pay period
• date of payment and the pay period covered by the payment
• if the employees are working under a special certificate that allows you to pay them a subminimum wage, your records must note that fact