Employee records

• Author: Rani C. Garcia/Justin H. Smith
• Pages: 505-596

EMPLOYEE RECORDS

15-1

CHAPTER 15

EMPLOYEE RECORDS

BY RANI C. GARCIA AND JUSTIN H. SMITH

15:1. INTRODUCTION

15:2. FEDERAL RECORDKEEPING AND REPORTING REQUIREMENTS

A. The Fair Labor Standards Act

1. Coverage

2. Payroll Records

a. Non-Exempt Employees

b. Executive, Administrative, Professional, or Outside Sales Employees

c. Additional Recordkeeping Categories for Certain Exempt Employees

3. Wage and Hour Records

4. Retention Periods

a. Three Years

b. Two Years

5. Form of Retention

6. Location and Inspection

7. Posting and Notice Requirements

8. Penalties for Noncompliance

9. Resources for Employers

B. The Equal Pay Act

1. Coverage

2. Records to Retain

3. Retention Period

4. Location and Inspection

C. The Immigration Reform and Control Act

1. Coverage

a. Covered Employers

b. Covered Employees

2. Form I-9, Employment Eligibility Verif‌ication

3. Rehired Employees

4. Record Retention

5. Form of Retention

6. Location and Inspection

7. Penalties for Noncompliance

a. Illegal Document Abuse

b. Penalties for Failure to Comply With Form I-9 Requirements

EMPLOYEE RECORDS

Texas Employment Law 15-2

8. Resources for Employers

a. Hotlines

b. Handbook for Employers

c. USCIS Website

D. The Occupational Safety and Health Act of 1970

1. Overview

2. Records of Occupational Injuries and Illnesses

a. New 2002 Recordkeeping Requirements

b. Coverage

c. Records to Retain

(1) Changes to Annual Summar y Requirements

(2) Changes to the Def‌inition of “Recordable Occupation Injuries and Illnesses”

(3) Improved Def‌initions of “Medical Treatment” and “First Aid”

(4) The New Test to Determine Whether an Injury Is Recordable

d. Retention Period

e. Reporting Requirements

f. Annual OSHA Injury and Illness Sur vey of Ten or More Employers

g. Access to Records

3. Employee Medical and Exposure Records

a. Coverage

b. Employee Medical Records

(1) Retention Period

(2) Employee Access

c. Employee Exposure Records

(1) Retention Period

(2) Employee Access

d. Form of Retention

e. Agency Access/Posting Requirement

4. OSHA Hazard Communication Standard

a. Coverage

b. Records to Retain

(1) Written Hazard Communication Program

(2) Material Safet y Data Sheets

5. Posting and Notice Requirements

6. Penalties for Noncompliance

7. Resources for Employers

E. Title VII of the Civil Rights Act of 1964

1. Coverage

2. Reporting Requirements

a. Employer Information Reports (EEO-1 Reports/Standard Form 100)

(1) Who Must File

(2) How to File

(3) When to File

(4) Required Information

b. Apprenticeship Information Reports (EEO-2 Reports)

3. Record Retention

a. Employer Information Reports (EEO-1 Reports)

b. Apprenticeship Information Reports (EEO-2 Reports)

c. Personnel and Employment Records

d. Charge of Discrimination

e. Employee Selection Procedures

f. Apprenticeship Records

4. Posting and Notice Requirements

5. Penalties and Enforcement Proceedings

EMPLOYEE RECORDS

15-3 Employee Records

F. The Age Discrimination in Employment Act

1. Coverage

2. Records to Retain/Retention Period

a. Regular Employment Records

b. Personnel Action Records

c. Benef‌it Plan Records

d. Records Relevant to EEOC Enforcement Action

e. Alternate Retention Periods

3. Form of Retention

a. Place of Retention

b. EEOC Access to Records

4. Posting and Notice Requirements

G. The Americans With Disabilities Act

1. Coverage

2. Record Retention and Reporting Requirements

3. Posting and Notice Requirements

4. Penalties and Enforcement Proceedings

5. Conf‌identiality Requirements Enforced by Private Actions

H. The Family and Medical Leave Act

1. Coverage

2. Records to Retain

3. Form of Retention

4. Retention Period

5. Posting and Notice Requirements

a. Posting Requirements

b. Notice Requirements

6. Penalties and Enforcement Proceedings

7. Conf‌identiality Requirements and Enforcement Proceedings

I. The Uniformed Services Employment and Reemployment Rights Act

1. Coverage

2. Records to Retain

3. Notice Requirements

J. The Drug-Free Workplace Act

1. Coverage

2. Records to Retain

3. Posting and Notice Requirements

4. Resources for Employers

K. Executive Order 11246

1. Coverage

2. Standard Form 100 (EEO-1 Report)

3. Written Aff‌irmative Action Compliance Program

4. Records to Retain/Retention Period

a. Personnel and Employment Records

b. Internet Applicant Records

c. Records Re: Complaints and Compliance Evaluations & Actions

d. Written Aff‌irmative Action Plans

e. Standard Form 100/EEO-1 Reports

5. Posting and Notice Requirements

a. EEO Poster

b. Solicitations and Advertisements

c. Notif‌ication to Union

6. Access to Records

L. The Labor-Management Reporting and Disclosure Act

1. Coverage