Records Maintenance and Retention Requirements under the FLSA


This practice note addresses which records the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., requires employers to maintain, and how long and in what manner they must retain them. Generally, employers must keep payroll records, collective bargaining agreements, and sales and purchase records. They must also maintain certain information regarding their employees that varies depending on the employees' exemption statuses. This practice note also discusses special issues that arise in the course of a U.S. Department of Labor (DOL) investigation.