Twelve Common Errors in Overtime Pay: Incomplete Records

Kevin D. Fitzpatrick, Jr. : March 14, 2012 1:12 pm 

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping and youth employment standards for workers in the private sector and government.  Covered non-exempt workers are entitled to overtime pay of at least 1.5 times regular pay if they work more than 40 hours per week. 

Another common problem area: 

8.Incomplete records Employers may try to avoid paying overtime due to incomplete records.  The FLSA requires employers to “make, keep and preserve records” of employees and of their “wages, hours, and other conditions and practices of employment” – this applies to exempt and nonexempt workers.  For non-exempt employees, records must include the hours worked each day and week; these records must be preserved for three years.  An employer’s failure to create and maintain legally required records has a legal consequence: the employee’s reasonable approximation of his work time will be the best evidence of that work time. 

If you are an employer or an employee and have questions about the Fair Labor Standards Act, call the FLSA experts at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, Charles Bridgers and Kevin Fitzpatrick, at (404) 979-3150 for a free consultation.  For more information, check out our publication,  Are You Entitled to Overtime Pay?