11.4

Storage and access

Where records must live and how fast they must surface on request

As covered in Chapter 1, recordkeeping exists so the Wage and Hour Division can check hours worked, the regular rate, and pay actually delivered against what the Act requires. This section covers the physical side of that obligation: where the records have to sit and how quickly they have to appear once someone asks. The rule is not that records must sit in a filing cabinet at every job site forever. An employer may keep them “safe and accessible” either at the place or places of employment or at one or more established central recordkeeping offices, wherever such records are customarily maintained. A payroll department situated away from the stores or job sites it serves is allowed.

The trade-off for keeping records somewhere other than the workplace is speed. When records live at a central office rather than at the place of employment, the employer must make them available within 72 hours following notice from the Administrator of the Wage and Hour Division or a duly authorized and designated representative — a representative the Administrator has designated to act on their behalf. Separately, § 516.7(b) requires that all records — whether kept at the place of employment or at a central office — be available for inspection and transcription (producing a readable, reproducible written copy of the records) by the Administrator or a duly authorized representative. The 72-hour window is an additional timing requirement that applies only when records are kept at a central office rather than the place of employment. The Administrator can also go beyond looking at what already exists: an employer can be required to extend (work out totals or figures from the data already recorded), recompute, or transcribe its records. The employer can also be required to submit written reports on employees, wages, hours, and other employment conditions, whenever the Administrator or a duly authorized representative requests them in writing. Recordkeeping, in other words, is not just storage — it is being ready to reproduce and, when asked, reshape the data on short notice.

Employers whose operations do not fit the standard recordkeeping format are not simply out of compliance. The regulations provide a route out through a written petition to the Administrator, explaining the peculiar conditions and requesting authority to keep records differently or to skip preserving certain records for the normal period. The Administrator may grant that authority, subject to conditions and to later revocation (with notice and a chance to come into compliance first) if those conditions are not met. Filing a petition, or waiting on the Administrator’s decision, does not pause the underlying obligations. Every applicable recordkeeping requirement still applies while the petition is pending, though the Administrator is expected to respond as soon as possible.

Key terms

central recordkeeping office72 hoursinspection and transcriptioncomputations and reportspetition for exceptions