---
title: "Index the payroll records the FLSA requires an employer to keep"
url: "https://ailawframework.com/practice/employment-and-workplace-relations/index-the-time-and-wages-records-an-employer-must-keep/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A14-KE20261022-14-US"
practice_area: "Employment & Workplace Relations (incl. WHS)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Index the payroll records the FLSA requires an employer to keep

> 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…

Canonical page: https://ailawframework.com/practice/employment-and-workplace-relations/index-the-time-and-wages-records-an-employer-must-keep/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Employment & Workplace Relations (incl. WHS)](https://ailawframework.com/practice/employment-and-workplace-relations.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Index the time and wages records an employer must keep](https://ailawframework.com/practice/employment-and-workplace-relations/index-the-time-and-wages-records-an-employer-must-keep.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 516.2 says sex may be indicated by a prefix. Do not add a State wage-statement item to this federal list.
- The regular-rate exclusions under section 7(e) were named in the section and not opened.

## Sources

- [29 C.F.R. § 516.2, Employees subject to minimum wage or minimum wage and overtime](https://www.law.cornell.edu/cfr/text/29/516.2) (checked 2026-10-22)
- [29 U.S.C. § 206, Minimum wage](https://www.law.cornell.edu/uscode/text/29/206) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*