recordkeeping requirements &...
TRANSCRIPT
Recordkeeping
Requirements
& ComplianceRob Russell
Extension Specialist in Labor & Workforce Development
The information in this presentation is correct and current to the best of our knowledge. As changes are made to these laws, some of this information could change. It is important that you consult the appropriate administrative agency, or an attorney if you have additional questions or need assistance.
Question for You
Would you be comfortable sharing your employment records with an outside auditor/investigator?
A.Yes
B.No
I-9 Forms
Employers must:
•Keep I-9 forms for 3 years after the date of hire (or 1 year aftertermination);
• Be able to produce themfor inspection within 3 days of an inspection/audit request.
EEOC Record Keeping Requirements
Applies to employers
with 15+ employees
who worked at least 20
calendar weeks
Must maintain all
personnel & employment
records for:
• 1 year from the date of
the personnel action involved or making
the record;
• 1 year from the date of termination for a
case of involuntary termination.
ADEA Record Keeping Requirements
Applies to employers
with 20+ employees
who worked at least 20
calendar weeks
Employers must maintain records of:
• Any employee benefit plan (e.g. pension
or insurance plans);
• Written seniority; or
• Merit system.
For the full period the
plan is in effect & 1 year
after termination
Fair Labor Standards Act
Covered employers must keep records for each non-exempt employee.• No form• Lengths vary
• 3 years for all payroll records, collective bargaining agreements, sales and purchases;
• 2 years for records used to compute wages (e.g. time cards, work schedules and wage rates)
Fair Labor Standards Act
• Employee’s full name & SSN
• Address, including zip
• Birth date, if younger than 19
• Sex/Occupation
• Time/Day of week when the workweek begins
• Hours worked/day
• Total hours each workweek
• Basis on which wages are paid
• Regular hourly pay rate
• Total day/week straight time earnings
• Total OT earnings for workweek
• All additions or deductions from wages
• Total wages each pay period
• Date of payment & pay period covered by each payment
Additional Missouri Record Keeping for Youth
EmploymentEmployers with workers under the age
of 16 must:
• Keep a copy of the work certificate.
• Record the name, address, age of child, and times and hours worked each day.
• Keep the records on the premises where the child worked.
• Keep the records for 2 years.
Record Keeping & the MSPA
All agricultural employers must keep accurate payroll records for all workers.
Farm Labor Contractors must:
• Provide you copies of payroll
records for each worker
supplied to you (or
contractor or association)
Agricultural employers who utilize the services of a farm labor contractor are almost always in a situation of joint employment with the contractor in regard to the employee. Joint employment means that both the contractor and the farmer are responsible for complying with the minimum wage, overtime, recordkeeping and youth employment provisions of the law. If either party fails to comply with the law both parties may be held liable.
Fact Sheet #12: Agricultural Employees Under the Fair Labor Standards Acthttps://www.dol.gov/whd/regs/compliance/whdfs12.pdf
H-2A Visa Record Keeping Requirements
Employers certified under H-2A must keep “adequate and accurate” records:
• Worker’s Earnings
• Hours Actually Worked
• Time “offered” but
“refused” to work
• Start/end time
• Rate of pay
• Earnings/pay period
• Worker’s home address
• Amount/reasons for
deductions from
wages.
H-2A Visa Record Keeping Requirements
Employers certified under H-2A must also keep records for:
• Any terminated employees;
• Reason for termination.
In addition, the employer must notify the Employment & Training Administration National Processing Center (NPC) within 2 working days of termination or loss of worker.
Record Keeping & OSHA
Applies to employers
with >10 employees at
any point during a
calendar year or any
other covered employers
Covered employers must:
• Keep records of serious work-related injuries &
illnesses;
• Maintain those records
for 5 years at the
worksite; and
• Post an annual illness &
injury summary between
February & April.
Record Keeping & OSHA
All employers must report:
• Any worker fatality within 8 hours of the event; and
• Any amputation, loss of eye, or hospitalization of worker within 24 hours.
Record Keeping Retention/Destruction
Policy
Develop a policy around record retention & destruction
• Identify what documents need to be kept
• How long they must be kept
• How they are to be properly discarded
• Format for how they
are kept (electronic
vs. paper)
• Create a record retention
schedule
Record Keeping Retention & Destruction
• Retain personnel records for up to 7 years
• Keep medical records/information in a separate file
• Keep a separate, confidential file re: disciplinary
issues
• Always be prepared to produce
records quickly
• Keep records in a secure location
Length of Time Type of Record Statute
5 years • Record of serious work-related illness & injuries • OSHA
3 years • Payroll records, collective bargaining agreements, sales and
purchases records
• Earnings, hours worked, time ‘offered’ but ‘refused’ for H-2A
workers
• I-9 forms (or 1 year after termination)
• FLSA & ADEA
• INA
• ICRA
2 years • Records used to compute wages (e.g. time cards, work
schedules and wage rates)
• Youth Employment Records (work certificates, name, address,
age of child, times worked each day)
• FLSA
• Missouri’s Child Labor
Law (Ch. 294)
1 year • All personnel or employment records
• Any employee benefit plan (e.g. pension or insurance plans);
written seniority plan; or merit system after termination.
• EEOC
• ADEA
Questions?
This material is based upon work supported by USDA-NIFA under Award Number 2015-49200-24226.