C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 516—RECORDS TO BE KEPT BY EMPLOYERS › Subpart A—General Requirements

29 C.F.R. § 516.5

Records to be preserved 3 years

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Each employer shall preserve for at least 3 years:

(a) Payroll records. From the last date of entry, all payroll or other records containing the employee information and data required under any of the applicable sections of this part, and

(b) Certificates, agreements, plans, notices, etc. From their last effective date, all written:

(1) Collective bargaining agreements relied upon for the exclusion of certain costs under section 3(m) of the Act,

(2) Collective bargaining agreements, under section 7(b)(1) or 7(b)(2) of the Act, and any amendments or additions thereto,

(3) Plans, trusts, employment contracts, and collective bargaining agreements under section 7(e) of the Act,

(4) Individual contracts or collective bargaining agreements under section 7(f) of the Act. Where such contracts or agreements are not in writing, a written memorandum summarizing the terms of each such contract or agreement,

(5) Written agreements or memoranda summarizing the terms of oral agreements or understandings under section 7(g) or 7(j) of the Act, and

(6) Certificates and notices listed or named in any applicable section of this part.

(c) Sales and purchase records. A record of (1) total dollar volume of sales or business, and (2) total volume of goods purchased or received during such periods (weekly, monthly, quarterly, etc.), in such form as the employer maintains records in the ordinary course of business.

Notes of Decisions
Cited in 28 cases (12 in the last 5 years), 1983–2025 · leading case: Keun-Jae Moon v. Joon Gab Kwon
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Keun-Jae Moon v. Joon Gab Kwon (2002) nysd “29 C.F.R. § 516.5 (b)(4). In the absence of any written instrument memorializing the parties’ intentions, the Court must infer the terms of their agreement from the entire course of their conduct, based on the testimonial and documentary evidence in the record.”
Doo Nam Yang v. ACBL CORP. (2005) nysd “[5] With no employer-preserved *333 records, then, Yang can meet his burden by presenting sufficient evidence to generate a reasonable inference as to what he was actually paid by defendants.”
Ann McLaughlin Secretary of Labor, U.S. Department of Labor, Plaintiff v. Joe H. Liu, Individually and Doing Business as (1988) ca9 “Liu destroyed the current records of employees’ piecework earnings despite FLSA regulations which require preservation of such records for three years, (see 29 C.F.R. § 516.5 ), thereby shifting the burden of producing evidence to Liu under Anderson v.”
Donovan v. Kaszycki & Sons Contractors, Inc. (1984) nysd “29 C.F.R. § 516.5 . Employment, earnings, and wage rate records are to be preserved for two years.”
Rabenstein v. Sealift, Inc. (2014) nyed “Plaintiff asserts that Defendants violated such a regulation, 29 C.F.R. § 516.5 , which requires Defendants to keep "payroll records,” and the overtime sheets in question "unquestionably” qualify as payroll records.”
Mooney v. Advanced Business Equipment (2021) ncwd · cites it 10× “In addition to Plaintiff’s Title VII claims, the Complaint alleges that Defendant violated 29 C.F.R. § 516.5 , a record-keeping regulation promulgated under the Fair Labor Standards Act 1 (the “FLSA Recordkeeping Claim”).”
Perez v. ZL Restaurant Corp. (2014) nmd “See generally 29 C.F.R. §§ 516.5 , 516.6. Failure to keep appropriate records constitutes an independent violation of the FLSA.”
Chao v. Virginia Department of Transportation (2002) ca4 “Instead, the VDOT relies on 29 C.F.R. § 516.5 , which requires employers to keep certain records for a period of three years.”
Michigan United Food & Commercial Workers Unions & Drug & Mercantile Employees Joint Health & Welfare Fund v. Muir Co. (1993) ca6 “In that portion of its Memorandum and Order devoted to an exposition of the facts of this case, the district court made the following observation: Rite Aid had no statutory, regulatory or contractual obligation to maintain records *601 for any particular period other than the…”
Soler v. G & U, Inc. (1983) nysd “Thus, in view of the dilemma the plaintiffs’ counsel would be in if the Court were to deny the request for names and addresses and because this information can be produced without an undue burden, see 29 C.F.R. § 516.5 (a), the defendants are directed to produce within twenty…”
Doo Nam Yang v. ACBL Corp. (2005) nysd “5 With no em *333 ployer-preserved records, then, Yang can meet his burden by presenting sufficient evidence to generate a reasonable inference as to what he was actually paid by defendants.”
Su v. Poros, Inc. d/b/a Bentley's Pancake House (2023) ilnd · cites it 2× “29 C.F.R. §§ 516.5 , 516.6. It is undisputed that Defendants did not keep records of the amounts of money servers tipped out or how the tip out money was distributed.”
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