Welcome and thank you for taking a moment to learn more about how to take the risk out of records retention.
This week we are going to improve your knowledge of which laws impact your human resources records retention efforts.
Before we dive in, here are some of the topics that we have recently touched on:
- The 4 Steps Schools Must Take to Avoid Records Retention Deficiencies
- The 4 Best Practices to Avoid Becoming Addicted to Hoarding
- 1 Rule to Define Them: Getting to Know Buckley
In the last email, we highlighted some mistakes that organizations commonly make when it comes to their records retention. In today’s email, we’ll dig deeper into Human Resources. Specifically, I’ll show you which laws impact the retention of human resources records.
That being said we all know the heart and soul of any organization is their people. The issue is that value resource comes with a lot of baggage. When you look at your human resources department do you:
- See all of your records in a paper format?
- Find those paper records taking up banker boxes and filing cabinets?
- Question yourself about how long you have retained all of those records?
- Wonder what your liability is which each of those records?
That is exactly the issue that was at the heart of Brynie v. Town of Cromwell, (No. 99-9389, 2nd Cir.). The school district in question allegedly destroyed the plaintiffs’ paperwork which originated during his hiring process. This fact allowed the then unemployed part-time teacher to bring an age and sex discrimination suit against the district. The courts determination was that the federal requirements mandate hiring records must be held for two years finding in favor of the plaintiffs’ suit.
Giving them the benefit of the doubt that they had a records retention schedule, this school district, like so many other organizations was impacted by the following:
- Allowing access to records to individuals without appropriate permissions
- Unrestricted permissions to mistakenly deleted files
- A records retention schedule that was not adhered to
- No methodology to enforce a retention schedule
At a high level, here are 7 laws that impact the retention of Human Resources records
- Fair Labor Standards Act (FLSA) – 2 years for basic employment records and 3 years for payroll records
- Equal Pay Act – 2 years of detail of pay discrepancy
- EEOC – 1 years after the completion of all benefit plans
- FMLA – 3 years after FMLA leave is taken
- Immigration Reform & Control Act – 1 year after termination for all I-9 forms
- OSHA – 5 years for job related injuries up to 30 years for toxic substance exposure
- ERISA – 6 years for benefits annual summary and descriptions
To avoid finding yourself involved in a situation like the Town of Cromwell, obviously establish an approved records retention policy but take it a step farther and automate the process. Adhering to a manual retention policy is labor intensive to the point of boarding on impossible. Seek an environment in which you are automatically notified of the records that have reached their retention period and your available end of life options (delete, save, save to archive…)
Records are required…they just don’t have to be a risk
- Document Security: Is Your Data Really Backed up Properly
- A Virtual Document Storage Story
- Faxing: Reliable/Prevalent, Cost Effective/Secure
About the author
Document Mountain is known as a leader in document management by companies across the globe. Document Mountain currently streamlines document related processes for hundreds of companies so that thousands of end-users can securely store and manage millions of documents on a monthly basis. To learn more about Document Mountain grab a free special report on the “6 Ways to Identify Poor Record Management for Education”, but the best way to determine if we can help your specific situation in a brief 20 minute conversation. Ready to see if we can help? Click here to schedule a brief 20 minute conversation.