Thumbnail image for PunchClock9472033.jpgQ. We keep track of work hours for non-exempt employees using an electronic timekeeping system. For our exempt employees, we really have no records of how many hours they are working each day or week. Are we required to? Even if it’s not required, should we?

A. Like many legal questions, the answer is “it depends.” The first question is somewhat easier. The FLSA requires employers to maintain accurate records of the hours worked by non-exempt employees, but not for exempt executive, administrative, or professional employees. If your employees work in a jurisdiction that does not have its own additional recordkeeping requirements, then no, you are generally not required to keep records of your exempt executive, administrative or professional employees’ work hours. 

However, some states do have their own recordkeeping requirements. 


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Call center operatorLast week, the U.S. Department of Labor announced a settlement with Hilton Reservations Worldwide, LLC, in which the company agreed to pay $715,507 in minimum wages and overtime pay to 2,645 current and former customer service employees in Texas, Florida, Illinois and Pennsylvania. The DOL determined after an audit that the company failed to pay

On May 9, 2011, the U.S. Department of Labor proudly announced its new time-tracking app for the iPhone, which Secretary of Labor Hilda Solis touted as an “invaluable” tool for the Wage & Hour Division in cases where employers failed to keep accurate records. The announcement certainly got the attention of blogging labor and employment law bloggers – see below for a few of the many posts on this. 

Ironically, the app that’s designed to allow hourly employees to keep track of their hours and pay doesn’t accurately calculate either in accordance with the Department of Labor’s regulations. 


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