Workers
Employers are subject to certain recordkeeping requirements.
Your employer must keep records of all wages paid and of all hours worked, regardless of where the work is performed (and regardless of immigration status). It is a good idea to keep your own record of your employer’s name, address, phone number, and the hours you worked.
We have a free timesheet app you can use with your iPhone to track hours, and a printable work hours calendar in English and Spanish to track your rate of pay, start and stop times, and arrival and departure times.
Learn about filing a complaint with the Wage & Hour Division
Additional resources
Employers
You have the responsibility to maintain certain records.
You must keep certain records related to your non-exempt employees’ pay and work hours, regardless of where they perform their work. You don’t need to use a specific form for these records, but they must include certain identifying information about the employee, their hours worked, and their wages earned.
Payroll records, collective bargaining agreements, sales, and purchase records should generally be saved for at least three years. Wage calculation records, such as time cards, wage rates tables, work and time schedules, and records of increases to or deductions from wages should be saved for two years.
You can use any timekeeping method you choose, such as a time clock or allowing employees to track their own work hours, as long as the information is complete and accurate. For employees on fixed schedules, you may keep a record showing the exact schedule of daily and weekly hours and simply note that the worker followed the schedule as required. If a worker is on a job for a longer or shorter period of time than the schedule shows, however, you must note the number of hours they actually worked.
Learn about Wage & Hour Division
Additional resources
Questions? We’re here to help
We are committed to helping you understand. Many questions may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors:
Fair Labor Standards Act (FLSA) Coverage and Employment Status Advisor
Fair Labor Standards Act (FLSA) Hours Worked Advisor
For additional assistance, please contact:
The Wage and Hour Division of the U.S. Department of Labor: 1-866-4-US-WAGE (1-866-487-9243)
All discussions with us, including complaints, are free and confidential. Your name and the nature of the complaint will not be disclosed to your employer. The only time we would share such information is when necessary to pursue an allegation, and we would only do so then with your permission, or if required by a court.
Need more information?
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.