Common FLSA violations

Some violations of the Fair Labor Standards Act are deliberate, and typically motivated by companies' desire to save money. However, well-meaning employers with no intention of exploiting their workers can find themselves on the wrong side of federal time and attendance regulations because of good faith mistakes.

Common record-keeping mistakes that can trip companies up include not keeping comprehensive employee attendance records for non-exempt workers, failing to record and pay for break periods and making the inaccurate assumption that workers who are salaried are automatically exempt from FLSA policies.

Records used to calculate wages - for example, timeclock data - should be saved by employers for two years, and payroll records should be retained for at least three years. Records should include clock-in and clock-out times, overtime and details of work performed off the clock (for example, on weekends or at home).

Non-exempt workers are required to be compensated at a rate of time-and-a-half for each hour they work that exceeds 40 hours in a week. Employers that don't abide by these regulations risk legal action, fines and even jail time. 

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