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Government Command Center 16 items

Public Employer Payroll & FLSA Compliance Checklist

Verifies a public agency's payroll practices comply with Fair Labor Standards Act rules on exemptions, overtime, and public-sector compensatory time.

29 CFR 54129 CFR 553Fair Labor Standards Act

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Employee Classification

  • Has each position been analyzed for exempt or non-exempt status using the duties and salary-basis tests? *
  • Do employees classified as exempt meet the current salary threshold and a qualifying duties test? *
  • Are workers who perform work economically dependent on the agency treated as employees rather than independent contractors? *
  • Are volunteers who receive no expectation of compensation properly distinguished from employees? *

Overtime & Section 7(k)

  • Is overtime paid at one and one-half times the regular rate for hours over 40 in a workweek for non-exempt employees? *
  • For law enforcement or fire protection personnel, is the Section 7(k) partial overtime exemption applied with a declared work period? *
  • Does the regular rate include nondiscretionary bonuses, shift differentials, and longevity pay? *
  • Is hours-worked time correctly capturing pre- and post-shift compensable activities? *

Compensatory Time Off

  • Is compensatory time provided only under an agreement or understanding reached before the work is performed? *
  • Is accrued comp time capped at 240 hours (or 480 for public safety, emergency, and seasonal work)? *
  • Are employees permitted to use comp time within a reasonable period when requested? *
  • Is unused comp time paid out at termination at the required rate? *

Recordkeeping

  • Are accurate records of hours worked and wages paid maintained for each non-exempt employee? *
  • Are payroll records retained for at least three years? *
  • Are supporting records such as time cards retained for at least two years? *
  • Payroll administrator certification of FLSA compliance review: *

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