FLSA (Fair Labor Standards Act) Compliance Checklist

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FLSA (Fair Labor Standards Act) Compliance Checklist

Company Name:

Compliance Officer:

Review Period:

Number of Employees:

Employee Classification & Exemption Status

Review all employee classifications for exempt vs. non-exempt status

Audit every position against the DOL duties tests (executive, administrative, professional, computer employee, and outside sales exemptions) and the current salary threshold to confirm correct FLSA classification.

Verify salary basis test compliance for exempt employees

Confirm that all exempt employees are paid on a salary basis of at least the DOL minimum salary threshold ($684/week as of current regulation) and that no improper deductions have been made that could jeopardize the exemption.

Evaluate job descriptions against actual duties performed

Compare written job descriptions to the primary duties employees actually perform on a day-to-day basis to ensure the claimed exemption aligns with DOL duties tests rather than job titles alone.

Document the rationale for each exempt classification

Maintain written records explaining which specific FLSA exemption applies to each exempt position, including the duties test criteria met, to support the classification in the event of a DOL audit.

Assess independent contractor classifications for misclassification risk

Review all independent contractor arrangements using the DOL economic reality test to determine whether workers should be reclassified as employees under the FLSA.

Confirm highly compensated employee exemption eligibility

Verify that employees classified under the highly compensated employee (HCE) exemption earn at least the required annual compensation threshold and customarily perform at least one exempt duty.

Minimum Wage Compliance

Confirm all non-exempt employees are paid at or above the federal minimum wage

Verify that every non-exempt employee's regular rate of pay meets or exceeds the current federal minimum wage of $7.25 per hour, and apply the higher state or local rate wherever applicable.

Verify tipped employee pay meets FLSA requirements

Ensure tipped employees receive at least the FLSA minimum cash wage ($2.13/hour) and that tips plus cash wages equal or exceed the full federal minimum wage, applying the tip credit provisions correctly.

Review youth minimum wage and subminimum wage certificate compliance

If employing workers under 20 at the youth subminimum wage or workers with disabilities under a Section 14(c) certificate, confirm all DOL requirements and limitations are satisfied.

Audit piece-rate and commission pay structures for minimum wage compliance

For employees paid on a piece-rate, commission, or other non-hourly basis, calculate the effective hourly rate for each workweek to confirm it meets or exceeds the applicable minimum wage.

Reconcile state and local minimum wage rates with federal requirements

Maintain a current schedule of all state and local minimum wage rates in jurisdictions where employees work and ensure payroll applies the highest applicable rate for each employee.

Overtime Pay & Hours Worked

Verify overtime is paid at 1.5 times the regular rate for hours over 40 in a workweek

Confirm that all non-exempt employees receive overtime pay at one and one-half times their regular rate of pay for every hour worked beyond 40 in a single workweek, as defined by the FLSA.

Calculate the regular rate of pay correctly including all remuneration

Ensure the regular rate includes all forms of compensation required by FLSA, such as shift differentials, non-discretionary bonuses, and commissions, excluding only those payments specifically excluded by statute.

Define and consistently apply the designated workweek

Establish a fixed, recurring 168-hour (seven consecutive 24-hour) workweek for each employee or group and ensure the workweek is not changed to avoid overtime obligations.

Track all compensable time including pre-shift and post-shift activities

Record all hours that constitute compensable work under FLSA, including time spent on donning and doffing required gear, mandatory training, travel between job sites during the workday, and waiting time that is engaged.

Review fluctuating workweek and Belo contract arrangements

If using the fluctuating workweek method or Belo plan for calculating overtime, verify that all DOL conditions are met including the fixed salary requirement and employee understanding of the arrangement.

Audit timekeeping records for completeness and accuracy

Review time records to ensure all non-exempt employees are accurately recording start times, end times, and meal breaks, and that no off-the-clock work is being performed or encouraged by supervisors.

Ensure no unauthorized automatic time deductions are applied

Confirm that payroll systems do not automatically deduct time for meal periods unless employees are fully relieved of duties, and that rounding practices comply with FLSA neutral rounding rules.

Recordkeeping & Posting Requirements

Maintain required payroll records for each employee

Keep all records required by 29 CFR Part 516 for at least three years, including employee name, address, date of birth, sex, occupation, hours worked each day, total hours each workweek, regular rate of pay, total wages, and deductions.

Retain supplementary time and earnings records

Preserve basic employment and earnings records, wage rate tables, and records of additions to or deductions from wages for at least two years as required by the FLSA recordkeeping regulations.

Post the federal minimum wage poster in a conspicuous location

Display the current DOL "Employee Rights Under the Fair Labor Standards Act" poster (WH Publication 1088) in a prominent place at each establishment where employees can readily observe it.

Ensure electronic recordkeeping systems meet FLSA requirements

If using electronic timekeeping or payroll systems, verify that the system captures all required data fields, prevents unauthorized alterations, and produces records that can be made available to DOL investigators upon request.

Document all exemption determinations and classification changes

Maintain a written record of the analysis supporting each exempt classification decision and document any reclassifications, including the effective date and reason for the change.

Retain records related to FLSA complaints and investigations

Preserve all documents related to any FLSA complaints, DOL investigations, or wage and hour litigation for the applicable statute of limitations period, typically two years or three years for willful violations.

Child Labor Provisions

Verify age documentation for all minor employees

Obtain and retain proof of age (such as a birth certificate or age certificate issued by the DOL) for all employees under 18 to demonstrate compliance with FLSA child labor provisions.

Confirm work hour restrictions for 14- and 15-year-old employees

Ensure that 14- and 15-year-old employees work only during permitted hours (no more than 3 hours on school days, 8 hours on non-school days, and 18 hours in a school week) and outside of school hours as required by FLSA.

Restrict minors from hazardous occupations

Verify that no employee under 18 is assigned to any of the 17 Hazardous Occupation Orders designated by the Secretary of Labor, and that 14- and 15-year-olds are limited to occupations permitted under Child Labor Regulation No. 3.

Review state child labor laws for more restrictive requirements

Compare federal FLSA child labor provisions with applicable state laws and apply whichever standard provides greater protection to the minor employee, including stricter hour limitations or additional prohibited occupations.

Enforcement, Remediation & Training

Conduct periodic internal FLSA compliance audits

Schedule and perform regular self-audits of wage and hour practices at least annually, using DOL compliance assistance resources and checklists to identify and correct potential violations before they result in enforcement action.

Train managers and supervisors on FLSA requirements

Provide training to all supervisors and managers on overtime eligibility, proper timekeeping practices, prohibition of off-the-clock work, and the consequences of FLSA violations including liquidated damages and willful violation penalties.

Establish a process for employees to report wage and hour concerns

Create an accessible internal complaint mechanism that allows employees to raise FLSA-related concerns without fear of retaliation, and ensure all complaints are investigated promptly and documented thoroughly.

Develop a remediation plan for identified FLSA violations

When compliance gaps are discovered, calculate and pay back wages owed, correct the underlying practice, and consider whether voluntary disclosure to the DOL through the Payroll Audit Independent Determination (PAID) program is appropriate.

Review and update FLSA compliance program after regulatory changes

Monitor DOL rulemaking, opinion letters, and federal court decisions affecting FLSA interpretation, and update company policies, pay practices, and training materials accordingly within a reasonable timeframe.

What Is an FLSA Compliance Checklist?

An FLSA compliance checklist is a structured guide that helps employers meet the requirements of the Fair Labor Standards Act, the federal law governing minimum wage, overtime pay, recordkeeping, and child labor standards. It walks HR teams through proper employee classification, wage calculations, and documentation practices mandated by the U.S. Department of Labor. Using this checklist reduces the risk of costly wage and hour lawsuits, which represent the largest category of employment litigation in the United States.

Why HR Teams Need This Checklist

FLSA violations are among the most expensive compliance failures an employer can face, with back pay, liquidated damages, and attorney fees often reaching six or seven figures in class action settlements. The Department of Labor's Wage and Hour Division recovers hundreds of millions of dollars annually for workers who were misclassified or denied proper overtime pay. This checklist provides a systematic review process to identify and correct classification errors, pay calculation mistakes, and recordkeeping gaps before they become enforcement actions or lawsuits.

Key Areas Covered in This Checklist

This checklist covers exempt versus non-exempt employee classification under the salary basis and duties tests, minimum wage compliance at both federal and state levels, overtime calculation methods including fluctuating workweek and weighted averages, hours-worked tracking for off-the-clock work and travel time, youth employment restrictions, and required recordkeeping under 29 CFR Part 516. It also addresses common problem areas such as tip credits, piece-rate calculations, independent contractor misclassification, and joint employer liability.

How to Use This Free FLSA Compliance Checklist

Use Hyring's free checklist generator to create a customized FLSA compliance review tailored to your organization's workforce composition and pay practices. Toggle between Brief and Detailed views depending on whether you need a quick annual spot check or a comprehensive audit following a DOL inquiry. Download the completed checklist as a PDF to document your compliance review and share it with payroll, legal, and department managers who share responsibility for wage and hour compliance.

Frequently  Asked  Questions

What is the Fair Labor Standards Act?

The Fair Labor Standards Act is a federal law enacted in 1938 that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the private sector and in federal, state, and local governments. It is enforced by the Wage and Hour Division of the U.S. Department of Labor. The FLSA applies to enterprises with annual gross sales of at least $500,000 and to employees individually engaged in interstate commerce.

How do I determine if an employee is exempt or non-exempt under the FLSA?

An employee must meet both a salary basis test and a duties test to qualify as exempt from FLSA overtime requirements. The salary threshold requires payment of a fixed salary at or above the DOL-specified minimum per week, and the duties test requires the employee to perform executive, administrative, professional, computer, or outside sales duties as defined by the regulations. Misclassifying a non-exempt employee as exempt is one of the most common and costly FLSA violations.

What is the current federal minimum wage under the FLSA?

The federal minimum wage under the FLSA is $7.25 per hour, a rate that has been in effect since July 24, 2009. However, many states and municipalities have enacted higher minimum wage rates, and employers must pay the higher applicable rate. Employers must also account for tipped employee provisions, which allow a lower cash wage of $2.13 per hour provided tips bring total compensation to at least the minimum wage.

How is overtime calculated under the FLSA?

The FLSA requires employers to pay non-exempt employees at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The regular rate includes base pay plus most forms of additional compensation such as shift differentials, non-discretionary bonuses, and commissions. Employers cannot average hours over two or more workweeks, and compensatory time off in lieu of overtime pay is generally not permitted in the private sector.

What records must employers keep under the FLSA?

Employers must maintain records including employee name, address, date of birth, sex, occupation, hours worked each day and each workweek, regular rate of pay, total overtime earnings, total wages paid each pay period, and dates of payment. These records must be kept for at least three years for payroll records and two years for supplementary records such as time cards and work schedules. Records must be available for inspection by the Wage and Hour Division at any time.

What are the penalties for FLSA violations?

Employers who violate the FLSA may be required to pay back wages plus an equal amount in liquidated damages, effectively doubling the liability. Willful violations can result in criminal prosecution with fines up to $10,000 and imprisonment for repeat offenders. The DOL can also assess civil monetary penalties of up to $2,451 per violation for repeated or willful minimum wage or overtime violations, and up to $15,138 per violation for child labor violations.

Does the FLSA require employers to provide breaks or meal periods?

The FLSA does not require employers to provide meal or rest breaks. However, if an employer chooses to offer short breaks of five to 20 minutes, these must be counted as compensable working time. Bona fide meal periods of 30 minutes or more do not need to be compensated, provided the employee is completely relieved of all duties. Many states have their own break and meal period requirements that go beyond the FLSA.

What is the difference between an employee and an independent contractor under the FLSA?

The FLSA uses an economic reality test to distinguish employees from independent contractors, examining factors such as the degree of control over the work, the worker's opportunity for profit or loss, the worker's investment in equipment, the permanence of the relationship, the skill required, and whether the work is integral to the employer's business. Workers who are economically dependent on the employer are generally considered employees entitled to FLSA protections. Misclassifying employees as independent contractors can result in liability for unpaid wages, overtime, and penalties.
Adithyan RKWritten by Adithyan RK
Surya N
Fact Checked by Surya N
Published on: 3 Mar 2026Last updated:
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