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Recordkeeping: What Employers Need to Know

By January 8, 2018 July 30th, 2019 No Comments
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All employers have obligations under both state and federal laws to maintain various employment records. The length of time employers are required to keep these records varies. It is important for employers to understand recordkeeping requirements, as failure to maintain proper records can have significant consequences. Below are some of the records employers are required to keep and how long they must be preserved.
Under the Fair Labor Standards Act, employers must maintain specific records for each employee, (shown in the graphic below). These records must be kept for at least three years. Additionally, time cards should be kept for two years. In the event that an employee later sues his or her employer for claims under the Fair Labor Standards Act, the employer’s failure to maintain these records creates a rebuttable presumption that the employee’s claim of hours worked is accurate.Employers are required to retain Form I-9’s for either three years after the date of hire, or one year after the date of termination, whichever is later.
Employers must retain tax records, including withholding forms, for four years from the date tax is due or paid.The Family Medical Leave Act (FMLA) requires employers to maintain records related to FMLA leave for three years. It is important that any employee medical records are maintained separately from employee personnel files and in a secure location.These are just a few examples of the many types of records employers have a legal obligation to maintain. Even if you think your company is complying with all recordkeeping laws, it never hurts to contact a lawyer to verify that your practices and procedures are up to date and comply with all applicable laws.​An employment and labor attorney will be able to quickly identify any gaps in your company’s recordkeeping and other practices and procedures and help you avoid legal consequences in the future. Aiken Schenk’s employment and labor law teamMichael J. Petitti, Jr., Burr Shields, and Natalie B. Virden, regularly advise employers on these and other legal requirements. They also provide personalized recommendations for how companies can proactively prevent liability and protect against future legal issues. If you would like additional information about Aiken Schenk or its employment and labor law team, call (602) 562-2603.
Our blog posts contain general information about legal issues and developments in the law. Our posts, however insightful, do not constitute legal advice. Yes, we’re pretty awesome attorneys, but we’re not your attorneys (yet) and just reading our blog posts does not create an attorney-client relationship. You should consult with an attorney licensed in your jurisdiction (not our clever blogs) for advice on specific legal issues.