12.4

Petitioning for exceptions

Why an employer can ask to keep records differently — and why the request doesn’t pause the clock

Part 516’s twelve data points and retention schedule, covered in Chapter 11, are the default — but § 516.9 gives an employer, or a group of employers, a way to ask for something different. Any employer whose operations run into “peculiar conditions” that make the standard rules a poor fit may submit a written petition to the Administrator, requesting authority to maintain records in a manner other than Part 516 requires, or to be relieved of preserving certain records for the length of time the part specifies. The petition has to set out the reasons — a bare request without an explanation of what makes the employer’s situation unusual doesn’t meet the standard the regulation describes.

The Administrator’s review turns on one governing question: will granting the requested authority hinder enforcement of the Act? If not, the Administrator may grant it — but the grant is not unconditional. It can be limited by whatever conditions the Administrator determines are necessary, and it remains subject to revocation later. Revocation itself isn’t summary: before authority is revoked for an employer’s failure to comply with the conditions attached to it, the employer must be notified of the reasons and given an opportunity to come into compliance. The exception, in other words, is a standing arrangement the Wage and Hour Division can adjust or withdraw, not a one-time waiver an employer can bank on indefinitely.

None of this pauses the underlying obligation. Filing a petition, or the Administrator simply taking time to act on it, does not relieve the employer of any of Part 516’s applicable requirements in the meantime — the standard rules from Chapter 11 keep running exactly as written until, and unless, the Administrator grants relief. The regulation puts a corresponding duty on the Administrator’s side too: petitions are to get a response as soon as possible, so an employer isn’t left indefinitely in limbo between the request and an answer.

Submitting the petition

An employer or group of employers facing peculiar operating conditions may submit a written petition to the Administrator, requesting authority to keep records differently or to be relieved of preserving certain records for the period Part 516 sets, and setting out the reasons.

The Administrator’s decision

If granting the request would not hinder enforcement of the Act, the Administrator may authorize it, limiting the authority with whatever conditions are necessary and reserving the right to revoke it later.

Before revoking authority

Revocation for noncompliance with the granted conditions doesn’t happen without warning — the employer must first be notified of the reasons and given a chance to come into compliance.

Compliance while the petition is pending

Submitting the petition, or any delay before the Administrator rules on it, does not excuse the employer from Part 516’s applicable requirements in the meantime — though the Administrator will respond as soon as possible.

Key terms

petition for exceptionsAdministratorpeculiar conditionsrevocationhinder enforcement