The Fair Labor Standards Act added preschools to its coverage in 1972, but many employers still might not be aware of their legal responsibilities in this type of workplace. The law applies to both payroll process and tracking time and attendance of day care and preschool workers. Study these four points to determine whether you are complying with the FLSA:

1. Have you established a seven-day workweek at your business? Day cares might need to operate contrary to the typical Monday through Friday schedule, so this workweek can start on any day. However, once it is established, you have to stick to it.
2. Do you pay all your nonexempt employees at least minimum wage ($7.25 per hour)?
3. Do you give nonexempt employees overtime pay of at least one-and-a-half times their regular rate of pay when they work more than 40 hours in a workweek?
4. Are you maintaining full and accurate employee time and attendance records of days and hours worked?

An important fact to note is that day care and preschool workers' exemption from overtime pay depends on their daily duties. If a teacher's primary duty is to care for and protect children, then he or she probably qualifies, labor and employment firm Militzok & Levy says.

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