20.10 Failure to Comply with Recordkeeping Requirements
Section 16(a) of the FLSA imposes criminal penalties for willful failure to keep records
or falsification of records. This criminal offense may be punished by a fine of up to $10,000
and/or six months imprisonment.436
Individual employees are without standing to enforce the recordkeeping requirements.
Only the Department of Labor may do so.
A Federal District Court ruled that although the Fair Labor Standards Act requires an employer
to keep and preserve records, it is not obligated to keep such records in a form intelligible to the
employee or at a place convenient to the employee. In addition, the employer is not obligated to make records available to potential plaintiffs so they can determine whether a cause of action exists or to enable them to set out a claim for relief. An employer is only required to provide its records for employee inspection after a complaint has been filed.