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.