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All employers covered by the provisions of the FLSA must maintain
certain records. Fact Sheet
No. 21, Recordkeeping Requirements Under the Fair Labor Standards
Act (FLSA), provides a summary of these requirements.
The Immigration Reform and Control Act made all U.S. employers
responsible to verify the employment eligibility and identity of all employees
hired to work in the U.S. after November 6, 1986. To implement the law,
employers are required to complete Employment Eligibility Verification forms
(Form I-9) for all employees, including U.S. citizens. Community Rehabilitation
Programs (CRPs) and other employers often forget that they must verify the
employment eligibility of workers with disabilities who receive special minimum
wages (SMWs). For more information about this requirement and the proper
completion of the Form I-9, you may wish to visit the
U.S.
Citizenship and Immigration Services Web site.
In addition, all employers who employ workers with disabilities at SMWs
must also maintain and make available to investigators of the Wage and Hour
Division (WHD) the following records:
- Records that document that the workers who are paid SMWs have
disabilities that impair their productive capabilities as required by FLSA
Section 14(c). Such records could include medical, psychiatric and/or
psychological tests (conducted by an individual with a Masters Degree or higher
in an appropriate field) that support the nature of the disability(ies). In
addition, staff notes detailing how the disability affects productivity are
useful tools to support how the disability impacts the worker’s
productivity.
- Records that document the accuracy and timeliness of the employer's
establishment of prevailing wages. These must include the following:
- Date of contact between the employer and the businesses surveyed
- Name, address and phone number of each firm contacted
- Names and titles of the individuals contacted within each firm
- The wage rate information provided by the comparable employers and
the basis for concluding that each rate submitted was not based upon an
entry-level position
- A description of work for which wage information was collected
- Records of the time measurements the employer conducted to establish
the standard for each job for which workers with disabilities are paid special
minimum wages.
- Records of the productivity ratings of the workers with disabilities
that document that the ratings were conducted properly and in a timely manner
and that employee wages were adjusted accordingly by the end of the next pay
period.
- Records identifying time spent by employees with disabilities at the
employer’s establishment or in transit that are not considered hours
worked and not compensable, such as receiving vocational or life skills
training, receiving medical treatment, home-to-work travel and performing
simulated work.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
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