United States
Verified figures: penalty quantum published and sourced against statute, regulator and case law.
Fair Labor Standards Act (FLSA) 29 USC §§201–219 (federal floor, 29 CFR §516 recordkeeping); state wage-and-hour laws, California Labor Code §§226, 226.7, 203, 2699 (PAGA); New York Labor Law §§195, 198; Illinois ODRISA; plus state wage-statement/notice regimes. Enforced by U.S. DOL Wage & Hour Division (federal) and state Departments of Labor; private FLSA §216(b) collective actions and state PAGA/representative actions. NOT a CCOO/GDPR jurisdiction. Verified against FLSA, DOL WHD and state statutes.
FLSA recordkeeping (29 CFR §516) requires employers to maintain accurate records of hours worked and wages paid; no prescribed format but records must be complete and accurate. CALIFORNIA: Labor Code §1174(d) requires daily time records for non-exempt employees under separate penalty. In off-the-clock/underpayment litigation, incomplete or contradictory records convert a defence into a loss, completeness and tamper-evidence are the core employer shield. Records retained per state law (typically 3–6 years). There is no federal Right to Disconnect. The compliance focus is accurate time records and wage-and-hour liability, where record quality is decisive in off-the-clock and underpayment disputes.
World's largest wage-litigation market. DOL Wage & Hour Division recovered $274M in back wages in FY2023. FLSA §216(b): 100% liquidated damages + attorney fees; §255 statute 2 years (3 years for willful violations); §260 good-faith defense can avoid doubling (downward). CALIFORNIA: Lab. Code §226.7 (up to 2 premium hrs/workday, UPS v. Superior Court 196 Cal.App.4th 57) + §226 wage-statement $4,000 cap + §203 30-day waiting penalty + PAGA §2699(f)(2) $100/$200 per pay period; 3-yr Lab. Code lookback, UCL 4-yr, PAGA 1-yr. NEW YORK: NYLL §195 $50/workday notice + $250/workday wage-statement (each capped $5,000/employee) + §198 100% liquidated damages across 6-yr lookback. ILLINOIS: ODRISA (≥25 ee: $500 employee + $500 DOL per offence; <25 ee: $250 + $250) + Chicago Fair Workweek $300–$500/violation per day per employee. TEXAS: no state OT/meal/rest/wage-statement regime; FLSA baseline, Texas Payday Law admin penalty ≤ lesser of wages or $1,000, 180-day claim window. Off-the-clock class/collective actions form the highest-volume wage-litigation segment globally.
Employers in United States are subject to the WTD working-time recording obligation and the CJEU C-55/18 standard requiring an objective, reliable, and accessible recording system. An editable HRIS export does not meet this standard. //AIRGAPT produces a hardware-signed, employer-unalterable evidence chain that is designed to meet it.
Calculate liability across all your operating jurisdictions.