Evening star., 1938-10-23
How Keep Empoye Records Explained Wageou Regulations
Statistics Required From,
Employers Are
Outlined.

Section 5161-Records required
Every employer subject to any provi-
sions Of the Fair Labor Standards Act
Or any order issued under this act shall
make and preserve records containing
the following information with respect
to each person employed by him. with
the exception of those specified in sec
tions IS (A) 90, IS (A) %, 13 (A)
(5), 13 (A) co., IS (A (), Is tA)
90, and 13 (A) (10) (sections specify
ing persons exemptedD Of the act:
(A) Name in full.
(B) Home address.
CO Date of birth If under 10.
CD Hours worked each workday
and each work week.
(E) Regular rate of pay and basis
upon which wages are paid.
F) Wages at regular rate Of pay
for each work week, excluding extra
compensation attributable to the ex-
cess of the overtime rate over the reg
ular rate.
60 EXtre wages for each work week
attributable to the excess Of the over
time rate over the regular rate.
CID Additions to cash wages at cost,
or deductions from stipulated wages
in the amount deducted or at the cost
of the item for which deduction is
made, whichever is less.
Not Required Sometimes.
(Note: This information is required
only where the cash wage actually paid
is less than the minimum wage re-
quired by the act. The reasonable cost
of board, lodging and other facilities
as part OF wages, is defined and de-
limited by regulations of the wage and
hour division, Part 53l.)
O Total wages paid for each work.
week.
Cd Date of payment.
(Note: The three items Of informa-
ton, (e), CD and (g) are only re-
quired when overtime is worked by
the employe)
Provided, however, that with respect
to employees specified in section 13(b)
of the act, records referred to in para
graphs dD and (g) OF this section
shall not be required, and
Provided, further, that with respect
to employees who are specified in sec
tion l3(a) CD (retail sales exemption
section) Of the act and employees who
are defined in regulations Of the wage
and hour division-part SAL (regula-
tions defining and delimiting the
terms ANY employe employed in a
;,<, lev.
professional, or local retailing capac-
ity, or in the capacity of outside sales
man" pursuant to section l3(a) Q)
of the Fair Labor Standards Act)-
employers need make and preserve
records containing the following in
formation only:
(a) Name in full
Co Home address.
Co Occupations.
No Particular Order.
| Section 5l62-Form OF records
No particular order or form is pre-
scribed for these records, provided
that the information required in Sec
ton 516.l is easily obtainable for in
SpecllOn purposes.
Section 5163-Place and period for
keeping records-Each employer shall
keep the records required by these
regulations for his employees within
each State, either at the place or
places OF employment or, where that
is impracticable, in or about at least
one of his places of business within
such State, unless otherwise author
lied by the administrator Such rec
ords shall be kept safe and readily
accessible for period of at least four
years after the entry of the record,
and such records shall be open to
inspection and transcription by the
administrator or his duly authorized
and designated representative at any
time.
Section 5164Definitions of terms
used in these regulations:
(a) Act-The 'act" means the Fail
Labor Standards Act of 1888.
(b) Hours worked-For the purpose
of these regulations, the term hours
worked shall INCLUDE all time during
which an employe is required by his
employer to be on duty or to be on
the employers premises or to be at q
prescribed workplace.
tc) Workday and workweek-For
the purpose of these regulations, q
"workday" with respect to any en-
ploye shall be any "a consecutive
hours, and "workweek" with respect
to any employe shall be seven conse-
cutive days, provided that the work
day or workWeek is not changed for
the purpose of evasion of provisions
of the act or any regulations pre-
scribed pursuant thereto.
Wages Means Remuneration.
Cd Wage and wages-For the pur-
pose of these regulations, the term
wage" or wages" means all re-
muneration for employment Of what
soever nature whether paid on time
work, piecework, salary, commission,
bonus or other basis.
(e) Employe-The term "employe'
is defined by the act (section (e)
to include ANY individual employed
by an employer" and the term "em-
ploy" is defined by the act (section 3
CD } to include ito suffer or permit
to work" It shall be the duty of each
employer to make and preserve all
records required under these regula-
tions with respect to each employe en-
ployed by him, whether or not such
employees perform their work in an
establishment or plant operated by
the employer or subject to his i'm
mediate supervision. Thus, the re-
quired records shall be made and pre-
served by the employer for industrial
homeworkers" or other employees who
produce goods for the employer from
material furnished by him or who
are compensated for such employment
at piece rates, wherever such employees
actually perform their work.
f) Regular rate of pay-for the
purpose of these regulations, the term