Index the payroll records the FLSA requires an employer to keep
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the payroll file, mark whether the records show, for each employee the lawyer has identified as covered, the employee's name, home address, date of birth if under 19, sex and occupation, hours worked each workday and total hours each workweek, straight-time earnings, and, in a week when overtime is due, the regular hourly rate and the premium pay for overtime. Do not decide that the employer is covered and do not create a record that is not already in the file.
- What the lawyer must review
- 29 C.F.R. § 516.2 requires those items for each employee to whom section 6, or both sections 6 and 7(a), of the Fair Labor Standards Act apply. Section 6 is 29 U.S.C. § 206. A workday is any fixed period of 24 consecutive hours. A workweek is any fixed and regularly recurring period of 7 consecutive workdays. You decide coverage, and you decide whether the file meets the section. The retention period is in another section and was not opened, so do not state how long the records are kept.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.