For how long a big employer has to keep a record of time card/time sheets for exempt employee?

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For how long a big employer has to keep a record of time card/time sheets for exempt employee?

Asked on June 3, 2013 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are no time cards or time sheets for exempt employees--at least, none that are required by law. To be exempt, an employee must--among other things--be paid by salary. A salary is an annual income, which is then broken down into even weekly or biweekly installments for payment. Not only is there is no need to track time for an exempt employee, but adjusting an exempt employee's income by the number of hours worked is inconsistant with him or her being exempt and could cause the loss of the exempt status. Therefore, the employer is not required to keep time sheets, etc. for exempt employees. Some  may choose to, such as for  billing purposes (e.g. to bill work to the appropriate account, project, or client), but if they do, that is voluntary on their part, and so they can determine how long to keep them.


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