29 C.F.R. § 552.110

Recordkeeping requirements

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(a) The general recordkeeping regulations are found in part 516 of this chapter and they require that every employer having covered domestic service employees shall keep records which show for each such employee: (1) Name in full, (2) social security number, (3) address in full, including zip code, (4) total hours worked each week by the employee for the employer, (5) total cash wages paid each week to the employee by the employer, (6) weekly sums claimed by the employer for board, lodging or other facilities, and (7) extra pay for weekly hours worked in excess of 40 by the employee for the employer. No particular form of records is required, so long as the above information is recorded and the record is maintained and preserved for a period of 3 years.

(b) In the case of an employee who resides on the premises, the employer shall keep a copy of the agreement specified by § 552.102 and make, keep, and preserve a record showing the exact number of hours worked by the live-in domestic service employee. The provisions of § 516.2(c) of this chapter shall not apply to live-in domestic service employees.

(c) With the exception of live-in domestic service employees, where a domestic service employee works on a fixed schedule, the employer may use a schedule of daily and weekly hours that the employee normally works and either the employer or the employee may:

(1) Indicate by check marks, statement or other method that such hours were actually worked; and

(2) When more or less than the scheduled hours are worked, show the exact number of hours worked.

(d) The employer is required to maintain records of hours worked by each covered domestic service employee. However, the employer may require the domestic service employee to record the hours worked and submit such record to the employer.

(e) No records are required for casual babysitters.

[40 FR 7405, Feb. 20, 1975, as amended at 78 FR 60557, Oct. 1, 2013]

Notes of Decisions

Cited in 4 cases, 2012–2020 · leading case: De Sesto v. Slaine, 171 F. Supp. 3d 194 (S.D.N.Y. 2016).

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De Sesto v. Slaine, 171 F. Supp. 3d 194 (S.D.N.Y. 2016). “31: “Plaintiffs claims are barred because Plaintiff was required to record the hours worked and submit to Defendant pursuant to prevailing law, including, but not limited to, 29 C.F.R. § 552.110 (d).” Id. ¶ 103 . • No.”

Velez v. Sanchez, 693 F.3d 308 (2d Cir. 2012). “29 C.F.R. § 552.110 (b). Thus, a lack of such records is not a useful indicator that an employment relationship does not exist; however, the existence of these records would weigh in favor of finding an employment relationship.”

Barraza v. Pardo, 985 F. Supp. 2d 1369 (S.D. Fla. 2013). “Legal Standard Under 29 C.F.R. 552.110(b), “In the case of an employee who resides on the premises, records of the actual hours worked are not required.”

Stansbury v. Faulkner (W.D. Tenn. 2020). · cites it 3× “Defendants argue that they did not keep records improperly in violation of the FLSA because they satisfy 29 C.F.R. § 552.110 (c) -- which expands on the FLSA’s recordkeeping requirements –- because Stansbury, as a domestic service employee, worked a fixed schedule, and under §…”

— 29 C.F.R. § 552.110(b) — 1 case

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