Below are the federal and State of Alaska citations for the requirements of time reporting and their consequences for non-compliance.
Federal DOL
Title 29 Labor Part 516 Records to be kept by employers
516.1 Form of records
Subpart A-General Requirements
(7) Hours worked each workday and total hours worked each workweek (for purposes of this section, a "workday" is any fixed period of 24 consecutive hours and a "workweek" is any fixed and regularly recurring period of 7 consecutive workdays)
Alaska Wage and Hour
Sec 23.05.080 Employer's records
Sec. 23.05.080. Employer's records. An employer shall keep an accurate record of the name, address, and occupation of each person employed, of the daily and weekly hours worked by each person, and of the wages paid each pay period to each person. The record shall be kept on file for at least three years. (§ 43-1-6 ACLA 1949; am § 2 ch 107 SLA 1975)
Enforcement Under the Fair Labor Standards Act
Penalties
Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty of up to $1,000 for each such violation.
Violators of the child labor provisions are subject to a civil money penalty of up to $10,000 for each young worker who was employed in violation.
Willful violations of the FLSA may result in criminal prosecution and the violator fined up to $10,000. A second conviction may result in imprisonment.
Recovery of Back Wages
Listed below are methods which the FLSA provides for recovering unpaid minimum and/or overtime wages:
Wage and Hour may supervise payment of back wages.
The Secretary of Labor may bring suit for back wages and an equal amount as liquidated damages.
An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs.
The Secretary of Labor may obtain an injunction to restrain any person from violating the FLSA, including the unlawful withholding of proper minimum wage and overtime pay.
An employee may not bring suit if he or she has been paid back wages under the supervision of Wage and Hour or if the Secretary of Labor has already filed suit to recover the wages.
A 2-year statute of limitations applies to the recovery of back pay, except in the case of a willful violation, in which case a 3-year statute applies. In other words, unless the violations are willful, back wages may only be recovered within two years of when the violations occurred.
We prove that we are paying overtime and at least minimum wage by our record keeping.
Need additional help or have questions?
Please contact ua-payroll@alaska.edu for additional assistance.
To contact other UA HR teams, please visit our Contact Us page at https://alaska.edu/hr/contact.php.