29 C.F.R. § 553.51

Records to be kept for employees paid pursuant to section 7(k)

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For each employee subject to the partial overtime exemption in section 7(k) of the Act, a public agency which is a State, a political subdivision of a State, or an interstate governmental agency shall maintain and preserve records containing the information and data required by § 553.50 and, in addition, make some notation on the payroll records which shows the work period for each employee and which indicates the length of that period and its starting time. If all the workers (or groups of workers) have a work period of the same length beginning at the same time on the same day, a single notation of the time of day and beginning day of the work period will suffice for these workers.

Notes of Decisions

Cited in 4 cases, 1994–2019 · leading case: McGrath v. City of Philadelphia, 864 F. Supp. 466 (E.D. Pa. 1994).

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McGrath v. City of Philadelphia, 864 F. Supp. 466 (E.D. Pa. 1994). · cites it 2× “More specifically, the plaintiffs argue that the City’s failure to comply with 29 C.F.R. § 553.51 dooms its argument that it established a 7(k) work period.”

Adair v. City of Kirkland, 185 F.3d 1055 (9th Cir. 1999). · cites it 2× “The officers also argue that the City does not qualify for a 7(k) exemption because it failed to keep records as mandated by 29 C.F.R. § 553.51 , which requires the employer to “make some notation on the payroll records which shows the work period for each employee and which…”

Adair v. City of Kirkland, 175 F.3d 707 (9th Cir. 1999). · cites it 2× “The officers also argue that the City does not qualify for a 7(k) exemption because it failed to keep records as mandated by 29 C.F.R. § 553.51 , which requires the employer to “make some notation on the payroll records which shows the work period for each employee and which…”

McGrath v. City of Somerville (D. Mass. 2019). “Finally, plaintiffs contend that the City is required by 29 C.F.R. § 553.51 to keep records for any § 207(k) work period and that it failed to do so.”

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