San Francisco Wage & Hour Record Keeping Lawyer 

Your employer is required to keep a wide range of records concerning employee time worked, employee pay and schedules, personnel files, employment agreements, and other documentation. Under California law, employers typically must retain these records for at least four years in the event a claim arises. If you are considering or have decided to file a wage and hour claim against your employer and have learned that your employer claims they do not have the appropriate records on file, you may be able to take legal action. Contact our experienced San Francisco wage & hour record keeping lawyer today for assistance.

What Are Wage & Hour Record Keeping Requirements in San Francisco?

Under California and federal law, employers must comply with a wide range of record keeping requirements. In general, California labor law requires additional record keeping of employers, but employers must also comply with record keeping requirements set forth under the Fair Labor Standards Act (FLSA).

Under the federal FLSA, the following are record keeping requirements pertaining to wage and hour compliance that employers must keep for non-exempt employees, according to the US Department of Labor (DOL):

• Full name and Social Security number for the employee;
• Employee’s full mailing address;
• Birth date of employee for employees under the age of 19;
• Employee’s sex;
• Employee’s occupation;
• Details about the employee’s schedule and workweek, including the time and the day the employee begins the workweek;
• Total number of hours worked in a workweek;
• Hourly, weekly, or other basis of pay for the employee ;
• Employee’s hourly pay rate;
• Employee’s straight-time earnings;
• Employee’s overtime pay;
• Any deductions from the employee’s paycheck;
• Total wages paid to the employee during the pay period; and
• Date of each pay period for which the employee was paid.

The FLSA also requires employers to retain collective bargaining agreements, sales, and purchase records. Along with payroll records, federal law requires the employer to retain these records for three years. Wage computation records must be kept for at least two years under federal law. However, it is important to know that California employers must comply with more stringent record keeping requirements that do more to protect employees.

Under California state labor laws, most employee records must be kept for at least four years. Employers must retain California employees’ time records, pay stubs and schedules, and personnel records or the employee’s personnel file for at least four years. An employee’s personnel file, which an employee should be able to expect that their employer has retained for at least four years, should include a range of data such as:

• Employee’s job application;
• Employee’s educational background and any relevant licenses;
• Employment agreement;
• Any restrictive covenants signed by the employee;
• Enforceable arbitration agreements;
• Employee’s payroll authorization form;
• Employee’s performance reviews;
• Any warnings, commendations, or disciplinary notes for the employee;
• Employee’s work attendance;
• Details of the employee’s vacation days and any leaves of absence; and
• Documentation of any wage attachment for the employee’s wages.

Contact the San Francisco Wage & Hour Record Keeping Lawyers at Venardi Zurada LLP Today

If you have any questions or concerns about your ability to access the records your employer has kept, or concerns about your employer’s compliance, it is important to seek legal advice. Contact our experienced San Francisco wage & hour record keeping lawyer today for more information about our services.

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