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DOL/WHD RIN: 1235-AA04 Publication ID: Spring 2010 
Title: Records To Be Kept by Employers Under the Fair Labor Standards Act 
Abstract: The Department of Labor proposes to update the recordkeeping regulations under the Fair Labor Standards Act in order to enhance the transparency and disclosure to workers of how their pay is computed, and to modernize other recordkeeping requirements for employees under "telework" and "flexiplace" arrangements. 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 29 CFR 516   
Legal Authority: 29 USC 211(c)   
Legal Deadline:  None

Statement of Need: The recordkeeping regulation issued under the Fair Labor Standards Act (FLSA), 29 CFR part 516, specifies the scope and manner of records covered employers must keep that demonstrate compliance with minimum wage, overtime, and child labor requirements under the FLSA, or the records to be kept that confirm particular exemptions from some of the Act’s requirements may apply. This proposal intends to update the recordkeeping requirements to foster more openness and transparency in demonstrating employers’ compliance with applicable requirements to their workers, to better ensure compliance by regulated entities, and to assist in enforcement. In addition, the proposal intends to update the recordkeeping requirements applicable to certain domestic employees and to modernize the requirements, consistent with the increasing emphasis on flexiplace and telecommuting, to allow for automated or electronic recordkeeping systems instead of the mandatory manual preparation of “homeworker” handbooks currently required for all work that an employee may perform in the home.

Summary of the Legal Basis: These regulations are authorized by section 11 of the Fair Labor Standards Act, 29 U.S.C. 211.

Alternatives: Alternatives will be developed in considering proposed revisions to the current recordkeeping requirements. The public will be invited to provide comments on the proposed revisions and possible alternatives.

Anticipated Costs and Benefits: Preliminary estimates of anticipated costs and benefits of this regulatory initiative have not been determined at this time and will be determined at a later date as appropriate.

Risks: This action does not affect public health, safety, or the environment.

Action Date FR Cite
NPRM  08/00/2010    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local, State, Tribal 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
Related RINs: Previously reported as 1215-AB78 
Agency Contact:
Montaniel Navarro
Fair Labor Standards Act Branch Chief, Division of Enforcement Policy
Department of Labor
Wage and Hour Division
200 Constitution Avenue NW., Room S-3502, FP Building,
Washington, DC 20210
Phone:202 693-0067
Fax:202 693-1387