Best Practices For HR Recordkeeping Requirements: The Question Is To Keep Or Not To Keep?

Duration: 60 Minutes
It's mandatory to keep sound document-retention policy these days! As an HR professional, you know that the sheer volume of paperwork that you contend with is overwhelming at best and uncontrollable at worst. What's more, if just one imperative document is lost, misfiled, or accidentally damaged, your organization could end up on the wrong side of a lawsuit. And you're the one who will have to clarify what happened.
HR Recordkeeping
Product ID: 502592
Keeping all the laws and recordkeeping requirements straight can seem like a full-time HR job. All HR functions have federal recordkeeping requirements - from recruitment and selection, to hiring and onboarding, to compensation and benefits, to employee relations (policy administration and disciplinary actions) and training.

Objectives of the Presentation
  • Review the recordkeeping requirements of key employment laws to get familiar with the basic rules
  • Is there a legal requirement for keeping this document? What laws come into play regarding your obligations to manage personnel records?
  • In what form must a document be stored? Electronically? In its original paper form?
  • How long should I keep this document if I think its usefulness is over - and how can I know that for sure?
  • How to effectively weed out what you no longer need to retain -- and why keeping everything can be just as dangerous as keeping nothing at all
  • Best practices for backing up and destroying employment records so you don't compromise any sensitive, personal data
  • How to make your recordkeeping system easy to track and use, regardless of whether you keep a paper or electronic trail
  • Tips for making a smooth paper to e-records filing system transition
  • How to respond in the event the DOL, EEOC, or another federal or state agency comes knocking to investigate your recordkeeping practices
  • Policies employees must follow, consequences of not following them, and documentation required to substantiate your actions
Why Should you Attend
Employers should know how long to keep or destroy employee records and documents. Each state and federal agency has a different set of requirements, often covering the same documents so it's challenging for you to know what to keep and for how long. These issues, as well as new identity theft threats and updated technology, impact your recordkeeping practices in a big way.

This webinar will guide you through those requirements so you understand how to ensure compliance and understand the consequences of noncompliance. The webinar will also outline record retention requirements and notification requirements for several federal laws. By following the requirements, your institution should be able to avoid the pitfalls in employment-related liabilities and problems, if and when auditors investigate your files.

Areas Covered
  • Introduction highlighting the importance of records and notices and discussion on retention, storage, and destruction of records
  • Understanding of the new reporting requirements and compliance schedule
  • Record retention systems that work best for compliance with changing requirements
  • Discussion on other tasks that require complete and accurate documentation
  • Understand notice requirements to be aware of what notices need to be posted and how to post them in compliance with the laws
  • Case studies on documentation
  • Overview of basic documents in several federal employment laws -
    • Importance of documentation in defending Title VII cases
    • What information does the government require you to keep for overtime cases
    • How to use documentation to prove FLSA exemptions
    • Documents and notification for FMLA and ADA leave
    • Documentation in defend trade secrets act
Who will Benefit
  • Payroll
  • Human resource recordkeeping and maintenance
  • Compliance Officers
  • CFOs
  • Office Managers
  • Company Presidents
  • Employers and Business Owners
  • Hiring Managers
  • HR Managers/Supervisors
  • Risk Managers
  • Potential Managers
  • Department Heads
  • HR Professionals
  • Employee Benefits Professionals
Topic Background
Establish a clear policy on record retention and destruction including schedule, file location, techniques of destruction and a records administrator. Consider appointing a data steward charged with oversight, compliance and access determination as well as serving as a resource to handle questions and provide guidance.

When updating record retention strategies, companies should carefully consider the requirements for digital evidence in court to ensure that their electronic files will be admissible in discovery or litigation cases. The Federal Rules of Evidence require a digital time stamp and digital signature to prove the authenticity and integrity of electronic files presented in court.

Follow state and federal laws regarding employee access to files including review and copies of files. As part of your record retention policy, define what records should be kept and who has access, providing copies and retention length.
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Instructor Profile:
Stuart Silverman has been practicing law for almost 30 years and is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton, Florida. The emphasis of his practice is in the area of labor and employment law, and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels, and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination, wage and hour claims, whistleblower and retaliation claims, ADA and FMLA claims, public employee's claims, as well as disputes under employment contracts, non-compete agreements, trade secrets disputes, and partnership breakups. Mr. Silverman is a frequent speaker on his areas of practice.

Mr. Silverman is also a member of The Workplace Violence Prevention Institute (WPVI), a group formed to investigate solutions and strategies from a proactive and systemic perspective to minimize the risk of workplace violence, specifically violence caused by employees or former employees. He earned his B.A. degree, with high honors, and his J.D. degree from Rutgers University. Mr. Silverman is admitted to The Florida Bar and the U.S. District Court for the Southern District of Florida.
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