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Recordkeeping - Conclusions

 

Employers must pay strict attention to the FLSA's recordkeeping requirements. The most essential principles of wage and hour recordkeeping are:

  1. a DOL audit will always involve a check of the employer's wage and hour records, which an employer must keep for at least three years;

  2. the most dangerous thing about not keeping accurate records is not the relatively minor penalties the DOL can impose, but rather that in wage and hour disputes, the DOL will usually give the benefit of the doubt to an employee's claims regarding time worked and pay deductions;

  3. it is up to an employer to design an accurate and reliable timekeeping system.

Employers may also receive help on these issues by calling the legal staff at the toll-free number for the TWC Employer Commissioner's office: 1-800-832-9394. Finally, the World Wide Web site for the U.S. Department of Labor offers the full text of the FLSA and the accompanying regulations at http://www.dol.gov/WHD/.

 

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