An Idaho Employer’s Duties Regarding Recordkeeping
Many employers in Idaho are subject to the Fair Labor Standards Act (FLSA)—they are “covered” employers under this federal law. As covered employers, the FLSA requires them to provide non-exempt employees certain rights, such as a minimum wage and overtime pay. The FLSA also requires covered employees to maintain certain records related to their employees and their business operations.
Almost all employers in Idaho are covered and are therefore required to follow the FLSA, but there are a few limited exceptions. For example, small Idaho farms with relatively little outside paid employees may be exempt. A qualified labor and employment attorney can help each Idaho business understand whether an exemption applies and what duties it must fulfill. There are also Idaho legal requirements for recordkeeping that a qualified attorney can discuss with you.Records for Individual Employees
Every Idaho employer who is a covered employee for purposes of the FLSA must maintain records for each non-exempt employee. The FLSA does not dictate how these records are kept but does require certain identifying information for each employee as well as data regarding the hours the employee worked and the wages he or she earned. Also, this information must be accurate. It includes the following:
- The employee’s full name and social security number.
- The employee’s address
- If the employee is younger than 19, the employee’s birth date
- The employee’s gender and occupation.
- The time and day of week when the employee’s workweek begins.
- The hours the employee works each day.
- The total hours the employee works each week.
- The basis of the employee’s wages (e.g., “$15 per hour,” “$600 a week,” “piecework”)
- The employee’s regular hourly rate.
- The employee’s total daily or weekly straight-time earnings.
- The employee’s total overtime earnings for each workweek.
- All additions to or deductions from the employee’s wages.
- The total wages paid to the employee each pay period.
- The date of payment and the pay period covered by the payment.
Although these recordkeeping requirements are quite extensive, the FLSA does not require that an Idaho employer provide employees with pay stubs.
Idaho law also contains certain recordkeeping requirements. For example, Idaho employers must keep a record of the name, age, and place of residence of each employee who is under the age of 16 but older than 14.Time Requirements for Preserving Records
Under the FLSA, employers in Idaho must maintain certain records for a minimum of three years, including payroll records, employment contracts, collective bargaining agreements, and sales and purchase records. If an agreement is oral rather than in writing, the employer should keep a written memorandum that summarizes the terms of the agreement. Sales and purchase records can be kept in the form the employer uses in the ordinary course of business.
Idaho employers must only keep other records for two years. These records include basic employment and earnings records, such as time cards or timesheets and the amount of time each employee works; wage rate tables; order, shipping, and billing records, including customer orders and invoices, shipping and delivery records, and bills of lading; shipping and billing records; and records related to additions to or deductions from wages paid employees.Availability of Records
Under the FLSA, each employer in Idaho must keep the required records in a safe and accessible location at the employer’s business or a location established for maintaining these records. All records must be available for inspection and transcription.Failure to Follow Recordkeeping Requirements
If an Idaho employer fails to follow the recordkeeping requirements under the FLSA or destroys records prematurely, it may be subject to civil penalties. It can also face significant problems should a dispute with an employee arise. For example, if the employer’s records are inaccurate or if the employer failed to maintain a record, a court may award an employee damages based on the hours the employee remembers working.Official Poster Requirement
Idaho employers must also display an official poster that summarizes the provisions of the FLSA. This poster is free and can be obtained by calling 1-866-4USWage (1-866-487-9243), or it can be downloaded for printing here.Let Us Help
If you are an Idaho employer with questions regarding your recordkeeping duties under Idaho and federal law, our team of Idaho Employment and Labor Law attorneys at Racine Olson can help. Our attorneys have received the highest possible rating of “AV” by Martindale Hubbell and from AVVO and JUSTIA for ethics and legal ability. Call us toll-free at 877.232.6101 or 208.232.6101 for a consultation with one of our various Idaho Employment and Labor Law attorneys. You can also send us an e-mail at firstname.lastname@example.org. We are happy to help.