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FLSA (Fair Labor Standards Act) Compliance Checklist

A complete, tickable FLSA (Fair Labor Standards Act) compliance checklist.

  • 33 steps in 5 phases

FLSA (Fair Labor Standards Act) Compliance Checklist

Employer Name
Designated Workweek
Audit Period
Compliance Officer

1Employee Classification

2Minimum Wage Compliance

3Overtime and Hours Worked

4Recordkeeping, Posting and Child Labor

5Program Governance and Training

The guide

Everything you need to know about the FLSA (fair labor standards act) compliance checklist

What Is the FLSA Compliance Checklist?

The Fair Labor Standards Act sets federal rules on minimum wage, overtime pay, recordkeeping, and youth employment in the United States. This checklist helps employers verify correct worker classification as exempt or non-exempt, accurate overtime at one and one-half times the regular rate past 40 hours, proper minimum wage payment, and complete time and pay records. It is the foundation for lawful wage-and-hour practices.

Why Use an FLSA Compliance Checklist

Misclassifying employees as exempt or failing to pay overtime is one of the most common and costly wage-and-hour mistakes, often leading to back pay, liquidated damages, and class actions. This checklist forces a deliberate review of each role against the salary and duties tests, confirms overtime and minimum wage calculations, and ensures records meet federal retention rules, sharply reducing audit and litigation risk.

How to Use This FLSA Compliance Checklist

Review each position against the FLSA exemption criteria, checking both the salary threshold and the actual duties performed. For non-exempt staff, confirm all hours worked are captured and overtime is paid correctly. Verify pay meets the higher of federal or state minimum wage, and that required records are retained for the mandated period. Document each determination and revisit whenever roles or thresholds change.

Next

Keep your hiring moving

  1. 1HR PoliciesThe policies your checklist steps should point to.
  2. 2HR SurveysCheck how onboarding actually landed after week one.
  3. 3Skills TestsScreen the next hire before onboarding them at all.

FAQ

Questions about the FLSA (fair labor standards act) compliance checklist

Exemption generally requires meeting both a salary basis test above the federal threshold and a duties test tied to executive, administrative, professional, or certain other roles. Job titles alone do not determine exemption; actual duties matter. Employees who fail either test are non-exempt and owed overtime.

Non-exempt employees must receive at least one and one-half times their regular rate for hours worked beyond 40 in a workweek. The regular rate includes most forms of compensation, not just base pay. The FLSA does not require overtime for weekends or holidays by themselves.

Employers must keep payroll records for at least three years and records used to compute pay, such as time cards, for at least two years. Records should be accurate and accessible for Department of Labor review. State laws may require longer retention.

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