Can an Employer Use “The Work Number” to Satisfy All Wage Requests for Past Years?

Question from Rocky, Can an Employer Use “The Work Number” to Satisfy All Wage Requests for Past Years?

Answer from AI:

In general, employers in the United States can use third-party services like “The Work Number” to manage and store payroll information, including past wage data. However, it’s important to note that using such a service does not absolve employers of their legal obligations under federal and state laws regarding wage and hour records.

Federal Requirements

Under the Fair Labor Standards Act (FLSA), employers are required to keep certain records for each non-exempt worker for at least three years. These records include details about the employee’s wages and hours worked. The FLSA does not specify how these records should be stored, so using a service like “The Work Number” would generally be acceptable as long as the required information is available.

State Requirements

State laws may impose additional record-keeping requirements. Some states may require employers to keep wage records for a longer period than the FLSA requires, or they may require employers to provide wage information to employees in a specific format. Employers should consult with a legal professional to ensure they are in compliance with their state’s laws.

Using “The Work Number”

“The Work Number” is a service that provides employment and income verification. Employers can use this service to store wage and employment information, and employees can use the service to provide proof of employment and income to third parties, such as lenders or landlords.

However, employers should be aware that using “The Work Number” or a similar service does not necessarily satisfy all wage requests. For example, if an employee requests a detailed breakdown of their wages and deductions, or if a state law requires employers to provide this information in a specific format, the employer may need to provide this information separately.

Consulting a Legal Professional

Employers should consult with a legal professional to ensure they are in compliance with all federal and state wage and hour laws. This is particularly important if the employer is considering changing their record-keeping practices, such as by switching to a third-party service like “The Work Number”.

Remember: While “The Work Number” can be a useful tool for managing and storing wage information, it does not replace the employer’s legal obligations to maintain accurate wage records and to provide this information to employees or government agencies upon request.