10 Guidelines by FLSA every Attendance Tracking Cloud Software must follow

Attendance tracking cloud software plays a pivotal role in modern workplaces, especially with the increasing prevalence of remote work. There are several crucial considerations to ensure that this software aligns with the Fair Labor Standards Act (FLSA) guidelines, which govern key labor aspects like minimum wage, overtime pay, recordkeeping, and child labor. This article outlines the ten FLSA guidelines that attendance tracking cloud software must follow to guarantee fair labor practices and accurate recordkeeping.

What is Attendance Tracking Cloud Software?

As remote work becomes more common, attendance tracking cloud software is a valuable tool for managing employee attendance. It allows employers to monitor remote workers’ hours, ensures fair compensation, and maintains an accurate record of their work activities. Additionally, employees can clock in remotely, oversee their working hours and overtime, and validate that they receive proper compensation. In essence, this software benefits both employers and employees, offering attendance monitoring and several other advantages.

A robust attendance tracking cloud software should, at a minimum, support the following functions:

  • Work Schedule and Leave Management: Tracks employee work schedules and leave requests.
  • Accurate Salary Calculations: Calculates employee salaries, whether based on hourly wages or piecework.
  • Meal Break Management: Monitors mealtime breaks (if not included in the company’s shift policy).
  • Accessibility: Is accessible from any location with the appropriate login access.
  • Calendar Management: Manages employee calendars and suggests improvements for better time utilization.
  • Prevents Fraudulent Reporting: Deters fraudulent time entries and shift attendance records.

Understanding FLSA

The U.S. Congress drafted the Fair Labor Standards Act (FLSA) in 1938 to establish fair labor practices and protect the rights of U.S. employees. FLSA covers various aspects, including minimum wage, overtime compensation, record documentation, and child labor. It applies to private and government employees, encompassing full-time and part-time workers. Three departments enforce FLSA in different domains:

  • The Wage and Hour Division (WHD) oversees private and government establishments.
  • The U.S. Office of Personnel Management handles the Executive Branch.
  • The U.S. Congress is responsible for the Legislative Branch.

FLSA Guidelines

FLSA mandates that employers maintain accurate records of employees’ attendance and work-related details to ensure fair compensation. These records must include personal information and work profiles. They should be regularly updated to reflect hours worked, overtime, leaves, and other relevant data. Failure to do so leads to legal consequences, including criminal prosecution. Offenders may face fines of up to $10,000 or even imprisonment.

Coverage Under FLSA

FLSA coverage extends to government offices, U.S. Post Office workers, and those engaged in commerce and production. FLSA clearly distinguishes exempt and non-exempt employees, providing separate lists for those exempt from minimum wage, overtime, or both. The attendance tracking cloud system must be customized to align with the employee’s policies and exemptions under FLSA.

FLSA Timesheet App

Wage and Hour Division (The U.S. Department of Labor) introduced the Timesheet App as a part of the Attendance Management Cloud Software. This app(iOS and Android) allows employees to monitor their work hours, overtime, breaks, and leaves. It calculates salaries accurately based on the data entered by the employee, whether hourly or piecework. This app empowers workers to track their hours. It ensures they receive fair compensation, a preventive measure against wage theft.

FLSA Guidelines for Attendance Tracking Cloud Software

Attendance tracking cloud systems must prioritize user privacy to avoid violating FLSA guidelines. These systems should comply with FLSA regulations regarding workweek schedules, overtime pay, recordkeeping, and child labor standards. Here are the ten fundamental guidelines:

  1. Track Login/Logout:
    Attendance tracking cloud software efficiently monitors employees’ clock-in and clock-out times, break periods, leaves, and overtime. This system promotes accurate payroll calculations and self-regulation.
  2. Personal Details:
    Employers must maintain essential employee details, like name, address, gender, DOB, and employment history. The cloud system ensures secure data storage.
  3. Overtime Pay:
    FLSA defines a workweek as forty hours, with any additional hours classified as overtime. The software must maintain transparent records of working hours, allowing for accurate overtime pay calculations.
  4. Employee Schedule Details:
    Competent attendance tracking cloud software should include a defined work schedule, hourly rates, and overtime pay. It should track daily and weekly hours worked, including overtime, streamlining salary calculations.
  5. Weekend Compensation:
    While FLSA does not require special allowances for weekends, attendance tracking systems should ensure that overtime compensation is provided when applicable.
  6. Leave Policy:
    FLSA does not regulate leave policies typically outlined in employment contracts. Attendance tracking software should, however, maintain clear records of leaves and absences.
  7. Payroll Calculations:
    Attendance tracking systems integrate payroll calculations, allowing accurate compensation based on the data entered by employees, such as hourly wages and hours worked.
  8. Deductions:
    Recordkeeping is essential to ensure that employees receive fair compensation, meeting the minimum wage requirement of $7.25 per hour (as my knowledge cutoff date in 2021). Tipped employees may have different rules, but employers must ensure compliance.
  9. Meal Breaks:
    The software should provide precise meal break records to record employees’ work hours accurately, preventing potential wage discrepancies.
  10. Record Maintenance:
    Employee records should be securely stored by the attendance tracking cloud software. Various documents, including employment offers and payroll records, have specific retention periods. Upon request, these records should be available for inspection by the Wage and Hour Division of the U.S. Department of Labor (DOL). Failure to produce these records can result in criminal prosecution and fines, with repeat offenders facing possible imprisonment.

In conclusion, the Fair Labor Standards Act safeguards employees’ rights to fair compensation for their work. Employers must maintain accurate work hours, wages, and overtime records in compliance with FLSA guidelines. Attendance tracking cloud software should align with these guidelines to ensure that employees receive proper and fair compensation and avoid potential legal consequences. Every company using an attendance tracking system should follow these guidelines to uphold reasonable labor practices.

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