§ 486.4 Manner of keeping records. (a) Records must be kept in reasonable order, in a safe and accessible place and in such a manner that they may be readily inspected and examined by the Director, Office of Labor-Management and Welfare-Pension Reports or his duly authorized representative. (b) The preservation of records on microfilm for the periods required by the Act will satisfy the requirements relating to the retention of records, provided that adequate projection or other viewing equipment is available for inspecting the microfilm and provided further that the microfilmed records are clear reproductions of the original records, and identifiable as to dates. (c) Nothing in this section precludes the use of punch cards or magnetic tape for processing records; Provided, however, That where records of original entry or worksheets are converted to punch cards or tape, the original records Persons described in § 486.2 are required to maintain the described records for a period of not less than five years after the filing of the documents based on the information which they contain. It should be noted that even though a plan administrator need not publish an annual report pursuant to section 7(a) of the Act (unless specifically required to do so), because such plan covers more than 25, but fewer than 100 participants, every person or organization described in § 486.2 must retain for a period of not less than five years after the date that an annual report would have been due (but for the exemption) the records described in § 486.3 which relate to information which would have been required in such report. CHAPTER V-WAGE AND HOUR DIVISION DEPARTMENT OF LABOR Part 511 512 515 516 519 520 SUBCHAPTER A-REGULATIONS Wage order procedure for Puerto Rico, the Virgin Islands, and American Review committees for Puerto Rico and the Virgin Islands. Utilization of State agencies for investigations and inspections. Records to be kept by employers. Employment of full-time students in retail or service establishments at special minimum wages. Employment of student learners. 521 Employment of apprentices. 522 Employment of learners. 523 Employment of messengers. 524 Employment of handicapped persons. 525 526 527 528 Employment of handicapped clients in sheltered workshops. Industries of a seasonal nature. Employment of student workers. 530 531 536 541 545 Annulment or withdrawal of certificates for the employment of student learners, apprentices, learners, messengers, handicapped persons, student workers, and full-time students in retail or service establishments at special minimum wage rates. Employment of homeworkers in certain industries. Determinations under and interpretations of Section 3(m) of the Fair Area of production. Defining and delimiting the terms "Any employee employed in a bona fide executive, administrative, or professional capacity, or in the capacity of outside salesman". Homeworkers in the fabric and leather glove industry; the handkerchief, scarf, and art linen industry; the children's dress and related products industry; the women's and children's underwear and women's blouse industry; the needlework and fabricated textile products industry; and the sweater and knit swimwear industry in Puerto Rico. Part 547 Requirements of a "Bona Fide Thrift or Savings Plan". 549 548 Authorization of established basic rates for computing overtime pay. Requirements of a "Bona fide profit-sharing plan or trust". Defining and delimiting the term "Talent Fees”. 550 601 602 603 Shoe and related products industry in Puerto Rico. Leather, leather goods, and related products industry in Puerto Rico. 604 Metal, machinery, transportation equipment, and allied products industry in Puerto Rico. 606 608 609 610 611 612 613 614 615 616 619 657 Electrical, instrument, and related products industry in Puerto Rico. Women's and children's underwear and women's blouse industry in Puerto Children's dress and related products industry in Puerto Rico. Needlework and fabricated textile products industry in Puerto Rico. Men's and boys' clothing and related products industry in Puerto Rico. 661 Banking, insurance and finance industry in Puerto Rico. 670 Chemical, petroleum, and related products industry in Puerto Rico. 671 672 673 675 677 678 681 683 687 688 689 690 694 695 697 699 Communications, utilities, and transportation industry in Puerto Rico. Food and related products industry in Puerto Rico. Paper, paper products, printing, and publishing industry in Puerto Rico. Wholesaling, warehousing, and other distribution industry in Puerto Rico. Artificial flower, decoration, and party favor industry in Puerto Rico Fabricated plastic products industry in Puerto Rico. Textile and textile products industry in Puerto Rico. 720 Rubber products industry in Puerto Rico. SUBCHAPTER B-STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS 776 778 779 780 781 782 783 784 785 786 788 789 790 791 793 794 Interpretative bulletin on the general coverage of the wage and hours provisions of the Fair Labor Standards Act of 1938. Overtime compensation. The Fair Labor Standards Act as applied to retailers of goods or services. Exemptions applicable to agriculture, processing of agricultural commodities, and related subjects. The Fair Labor Standards Act as applied to establishments engaged in laundering, cleaning or repairing clothing or fabrics under Section 13 (a) (3) of the act. Exemption from maximum hours provisions for certain employees of motor carriers. Application of the Fair Labor Standards Act to employees employed as seamen. Provisions of the Fair Labor Standards Act applicable to fishing and operations on aquatic products. Hours worked. Miscellaneous exemptions. Forestry or logging operations in which not more than twelve employees General statement on the provisions of section 12 (a) and section 15 (a) (1) Joint employment relationship under Fair Labor Standards Act of 1938. Wholesale or bulk distribution of petroleum products by certain enterprises; CROSS REFERENCES: For appointment of authorized representatives to grant or deny applications for, and to cancel special certificates for employment of apprentices and learners: See 12 F.R. 6837, Oct. 18, 1947. For appointment of Director and Assistant Director of Field Operations Branch as authorized representatives to grant, deny or cancel special homework certificates, and certificates for employment of handicapped workers or of handicapped clients in sheltered workshops in place of authorized representatives previously designated: See 12 F.R. 7145, Nov. 4, 1947. 22-049-64--12 SUBCHAPTER A-REGULATIONS AUTHORITY: §§ 511.1 to 511.19 issued under sec. 5, 52 Stat. 1062, as amended; 29 U. S. C. 205. Interpret or apply secs. 2-12, 60 Stat. 237-244, as amended, secs. 6, 8, 52 Stat. 1062, as amended, 1064, as amended; 5 U. S. C. 10011011, 29 U. S. C. 206, 208. SOURCE: §§ 511.1 to 511.19 appear at 21 F. R. 7669, Oct. 6, 1956, except as otherwise noted. § 511.1 General method for issuance of wage orders. § 511.2 Initiation of proceedings; notices of hearings. (a) Wage order proceedings are initiated by order of the Secretary, published in the FEDERAL REGISTER, giving notice of hearings by industry committees to recommend the minimum rate or rates of wages to be paid under section 6 of the act to employees in Puerto Rico, the Virgin Islands, and American Samoa engaged in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce. These orders will contain a definition of the particular industry in Puerto Rico, the Virgin Islands, or American Samoa, for which the committee is to make its recommendations, or these orders will direct the committee to recommend the minimum rate or rates of wages for all industry in Puerto Rico, the Virgin Islands, or American Samoa. All such orders will make provision for convening the committee. Any particular industry defined in such an order may be a trade, business, industry, or branch thereof, or group of industries, in which individuals are gainfully employed. (b) These orders will also give reasonable notice (1) of the time and place of the commencement of the hearing of such witnesses and receiving of such evidence as may be necessary or appropriate to enable the committee to perform its duties and functions under the act, (2) of the general nature of the wage order proceedings and the authority under which they are proposed, (3) of the subjects and issues involved, and (4) that the committee will take official notice of the economic report (note § 511.13) and the parties will have an opportunity at the hearing to show any contrary or additional facts. [26 F.R. 6513, July 20, 1961] § 511.3 Composition and appointment of committees. Pursuant to authority delegated by the Secretary of Labor, the Administrator of the Wage and Hour Division publishes the orders which are required by statute to make the recommendations of industry committees effective as wage orders under section 6(c) of the Fair Labor Standards Act. The wage orders issued by the Administrator must by law give effect to the recommendations of the industry committees. All wage order proceedings will be conducted in accord-employed and residents of the United ance with the standards provided in the Administrative Procedure Act as interpreted and applied in this part. An industry committee will be composed of residents of the island or islands where the employees with respect to whom such committee was appointed are States outside of Puerto Rico, the Virgin Islands, and American Samoa. The Secretary will appoint as members of each |