With respect to each employee of a retail or service establishment exempt from the overtime pay requirements of the Act pursuant to the provisions of section 7(i), employers shall maintain and preserve payroll and other records containing all the information and data required by § 516.2(a) except paragraphs (a) (6), (8), (9), and (11), and in addition:
(a) A symbol, letter or other notation placed on the payroll records identifying each employee who is paid pursuant to section 7(i).
(b) A copy of the agreement or understanding under which section 7(i) is utilized or, if such agreement or understanding is not in writing, a memorandum summarizing its terms including the basis of compensation, the applicable representative period and the date the agreement was entered into and how long it remains in effect. Such agreements or understandings, or summaries may be individually or collectively drawn up.
(c) Total compensation paid to each employee each pay period (showing separately the amount of commissions and the amount of noncommission straight-time earnings).
Notes of Decisions
Viciedo v. New Horizons Comput. Learning Ctr. of CoLumbus, Ltd., 246 F. Supp. 2d 886 (S.D. Ohio 2003).
· cites it 2× “2 ; (3) The “representative period” for calculating commissions, as required by 29 C.F.R. § 516.16 ; and (4) A symbol or letter in its records denoting that the Plaintiffs were regarded as section 7(i) exempt commissioned salespeople, as required by 29 C.”
Nieddu v. Lifetime Fitness, Inc., 977 F. Supp. 2d 686 (S.D. Tex. 2013).
“16 provides in part, "With respect to each employee of a retail or service establishment exempt from the overtime pay requirements of the Act pursuant to the provisions of section 7(i), employers shall maintain and preserve payroll and other records containing all information…”
Nieddu v. Lifetime Fitness, Inc., 38 F. Supp. 3d 849 (S.D. Tex. 2014).
“Regarding certain record-keeping requirements related to the § 7(i) exemption, 29 C.F.R. § 516.16 provides in part, "With respect to each employee of a retail or service establishment exempt from the overtime pay requirements of the Act pursuant to the provisions of section…”
Clyde v. My Buddy the Plumber Heating & Air (D. Utah 2021).
· cites it 2× “2012) (holding that, although an employer failed to maintain records in compliance with 29 C.F.R. § 516.16 , the employee’s own testimony about how many hours that he worked, coupled with a record of the employee’s compensation, satisfied the second element of the Retail…”
Johnson v. Mattress Warehouse, Inc. (E.D. Pa. 2020).
“in the employer’s records” and 29 C.F.R. § 516.16 (b), which requires employers to “maintain” “[a] copy of the agreement or understanding .”
Gordon v. TBC Retail Grp. Inc (D.S.C. 2020).
“at 6 ; see 29 C.F.R. § 516.16 (b) (“A copy of the agreement or understanding under which section 7(i) is utilized or, if such agreement or understanding is not in writing, a memorandum summarizing its terms including the basis of compensation, the applicable representative…”
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