Multi-Page Printing

Wages and Hours -25- 29 CFR §516.2 (e) A budget which shall show, in detail, estimated expenditures by the State agency on behalf of the Division and the Secretary of Labor for services to be rendered in connection with the administration of the Acts and a budget which shall show estimated expenditure for the enforcement of comparable State laws and regulations during the period covered by the agreement a statement showing funds appropriated to or allocated for meeting the budget for estimated State expenditures and a statement showing expenditures by the State agency for the enforcement of compa- rable State laws and regulations during the last fiscal year. (f) A statement of State requirements in regard to fiscal practices and to appointment of personnel, together with copies of the laws and regulations setting forth such requirements. (g) A statement from the Attorney General of the State or, if the Attorney General is not authorized to make such a statement, from the State offi- cial who is so authorized certifying that the State agency has authority to enter into an Agreement with the Division and the Secretary of Labor in accordance with this part. 29 CFR §515.5. Additional requirements. (a) The State Agency shall follow the procedure set forth in the Inspection Manual for the enforcement of the act and such supplements to or provi- sions thereof as may be issued from time to time by the Division or the Secretary of Labor use official forms for recording findings make reports as required and carry on the work connected with the administration of the Acts in conformity with the plans and budget agreed upon and with the instructions and policies of the Division and the Secretary of Labor. (b) Representatives of the Division and the Secretary of Labor may at any time, upon notifying the State agency, make such inspections and investigations and secure such information as may be necessary for the administration of the Acts. 29 CFR §515.6. Audits. The accounting records and the supporting data pertaining to expenditures for investigations and inspections under the Acts shall be subject to audit by the Division and the Secretary of Labor, annually, or so often as the Administrator and the Secretary of Labor, may require. 29 CFR §515.7. Transmission of official mail. Subject to the requirements of law and of the regulations of the Post Office Department, franked self-addressed envelopes may be used for communi- cations from the field staff to a State official designated by the Division and the Secretary of Labor, and for communication from the State agency to the Division or theSecretary of Labor. 29 CFR §515.8. Enforcement. All litigation relating to the enforcement of the Acts, other than civil actions for the recovery of wages due instituted pursuant to section 16(b) of the Fair Labor Standards Act of 1938 and all administrative proceedings insti- tuted pursuant to section 5 of the Public Contracts Act shall be undertaken by and be under the direction and control of the Federal Government. Any State agency intending to institute a civil action in behalf of an employee or employees for the recovery of wages due, pursuant to section 16(b) of the Fair Labor Standards Act of 1938 shall notify the Division and the Secretary of Labor prior to the institution of such action. 29 CFR §515.9. Agreements and approved plans. Agreements and approved plans incorporated therein may be amended upon the consent of the parties thereto. 29 CFR §515.10. Amendments and repeal. This part may be amended or repealed by appropriate joint regulations issued by the Secretary of Labor and the Administrator: Provided, however, that no such amendment or repeal shall be effective as to any agreement previously entered into by a State agency without its consent thereto. 29 CFR PART 516. RECORDS TO BE KEPT BY EMPLOYER [52 FR 24896, July 1, 1987, unless otherwise noted] 29 CFR §516.1. Form of records scope of regulations. (a) Form of records. No particular order or form of records is prescribed by the regulations in this part. However, every employer subject to any provisions of the Fair Labor Standards Act of 1938, as amended (herein- after referred to as the “Act”), is required to maintain records containing the information and data required by the specific sections of this part. The records may be maintained and preserved on microfilm or other basic source document of an automatic word or data processing memory provided that adequate projection or viewing equipment is available, that the reproductions are clear and identifiable by date or pay period and that extensions or transcriptions of the information required by this part are made available upon request. (b) Scope of regulations. The regulations in this part are divided into two subparts. (1) Subpart A of this part contains the requirements generally appli- cable to all employers employing covered employees, including the requirements relating to the posting of notices, the preservation and location of records, and the recordkeeping requirements for employ- ers of employees to whom both the minimum wage provisions of sec- tion 6 or the minimum wage provisions of section 6 and the overtime pay provisions of section 7(a) of the Act apply. In addition, section 516.3 contains the requirements relating to executive, administrative, and professional employees (including academic administrative per- sonnel or teachers in elementary or secondary schools), and outside sales employees. (2) Subpart B of this part deals with the information and data which must be kept for employees (other than executive, administrative, etc., employees) who are subject to any of the exemptions provided in the Act. This section also specifies the records needed for deduc- tions from and additions to wages for “board, lodging, or other facili- ties,” industrial homeworkers and employees whose tips are credited toward wages. The sections in Subpart B of this part require the recording of more, less, or different items of information or data than required under the generally applicable recordkeeping requirements of Subpart A. (c) Relationship to other recordkeeping and reporting requirements. Nothing in 29 CFR Part 516 shall excuse any party from complying with any recordkeeping or reporting requirement imposed by any other Federal, State or local law, ordinance, regulation or rule. Subpart A. General Requirements 29 CFR §516.2. Employees subject to minimum wage or minimum wage and overtime provisions pursuant to section 6 or sections 6 and 7(a) of the Act. (a) Items required. Every employer shall maintain and preserve payroll or other records containing the following information and data with respect to each employee to whom section 6 or both sections 6 and 7(a) of the Act apply: (1) Name in full, as used for Social Security recordkeeping purposes, and on the same record, the employee’s identifying symbol or number if such is used in place of name on any time, work, or payroll records, Federal Payroll Non-Tax Laws & Regulations