Is it okay to keep electronic time records?

Time Keeping Requirements

Section 7 of the Wage Order requires that time records for nonexempt employees shall be kept, showing when the employee begins and ends each work period. Meal periods, split shift intervals and total daily hours worked shall be recorded. Meal periods during which operations cease and authorized rest periods need not be recorded.

All required records shall be in English and in ink or other indelible form. The records shall be properly dated, showing month, day and year, and kept on file by the employer for at least three years at the place of employment or at a central location within California.

Electronic Recording Conditions

The Labor Commissioner has taken the position that the recording and storage of time records by electronic means, under certain circumstances, will meet the requirements of California law. Basic conditions are:

• The employer continues to bear the burden of proof regarding the accuracy of the information;
• In the event of a mechanical or electronic failure, the employer will have the burden of proving the number of hours worked; and
• The employer must provide a legible printed copy of the records in response to the request of the Labor Commissioner or the employee.

An employer who meets the above criteria can record and store time records by electronic means.