The federal regulations to the FLSA impose recordkeeping burdens on employers (see, e.g., 29 CFR § 516.2) but those same records are most vital in assisting employers’ defense of claims of unrecorded work hours ("off the clock" claims). That utility was exemplified this week by a new decision from the Court of
recordkeeping
Wage Theft Prevention Act: Expanded Coverage
By Noel P. Tripp on
Posted in New York State, Recordkeeping
As previously noted here, New York Governor David Paterson has signed into law the Wage Theft Prevention Act. The new law amends the New York Labor Law to create new recordkeeping obligations for employers, as well as significantly greater damages for violations of the Labor Law than previously were available.
An expanded analysis…
I Can’t Go To Jail For Wage and Hour Recordkeeping Violations – Or Can I?
By Noel P. Tripp on
Posted in Recordkeeping
As most employers know, the United States Department of Labor has extensive regulations regarding the nature and scope of records employers covered by the Act must maintain. See 29 CFR § 516.1, et seq. Many state laws contain analogous provisions. See, e.g. NY Labor Law § 195. While violations of these recordkeeping requirements can lead to…
Court Denies Claim For Alleged Unpaid Overtime Despite Employer’s Failure To Maintain Required Records
By Noel P. Tripp on
As discussed here, an employer’s maintenance of accurate records of hours worked by employees is not only a substantive requirement of the FLSA, but an essential component to defending against “off the clock” claims. But what happens if an employee brings such a claim and the employer has not maintained records? Is the employer defenseless?…
Jackson Lewis Attends Wage and Hour Division Public Forum Articulating DOL Enforcement Agenda
By Noel P. Tripp on
Posted in Department of Labor, Recordkeeping
On Friday, May 21, 2010, the Department of Labor, Wage and Hour Division held a public Stakeholder Forum, during which key members of the Wage and Hour Division (WHD) discussed WHD’s goals and regulatory agenda. Jackson Lewis attended the Forum.
After welcoming the crowd, Nancy Leppink, the WHD Deputy Administrator pointed out some of WHD’s accomplishments…
USDOL Officials Discuss Misclassification and Other Initiatives To Encourage Employer Compliance with FLSA
By Noel P. Tripp on
Posted in Department of Labor, Recordkeeping
During the week of April 26, senior Labor Department officials discussed upcoming rules and initiatives. In a web chat, Nancy Leppink, deputy administrator of the Wage and Hour Division, stated that the agency will issue proposed rules covering numerous areas including companionship services, child labor and recordkeeping within the next 18 months. The proposed recordkeeping rules are…