This article identifies the issues associated with HR paperwork, and presents HR paperwork retention guidelines. In some instances, there is individual liability and criminal liability. Proper maintenance of employment records is also critical to defending against employment-related litigation. In fact, an employer can be sued for wrongful destruction of employment records under the theory of spoliation of evidence.
In the case of an audit, some of the standard regulatory onboarding paperwork is requested for employees; destroying this documentation too soon could land you in hot water. Another issue with destroying files and documentation is how to handle their destruction. Many states require you to demonstrate compliance with confidentiality laws by creating logs that identify what records were destroyed, as well as how and when.
In addition to identifying how long to keep HR records, we recommend employers outline a policy in their handbooks surrounding the disposal of employment information. We also suggest keeping a log of purged employment files and documenting how you got rid of them. Delete canceled. Please log in as a SHRM member before saving bookmarks. OK Proceed. Your session has expired. Please log in as a SHRM member. Cancel Sign In. Please purchase a SHRM membership before saving bookmarks.
OK Join. An error has occurred. From Email. To Email. Send Cancel Close. Post a Job See All Jobs. Recruiters Will Continue to Adapt in You could also reiterate the waiting period in the email for good measure. If you have workers in many states, you may need a separate compliance section for each state. Talk to your business attorney or state Department of Labor.
For example, if you are based in California, you may need a separate section for workers in specific cities. In addition, New York state expanded qualified leave beyond the federal law. When your employee manual is outdated, it reflects poorly on your company. Employees have to ask their manager or the HR staff every time they have a question. Unfortunately, incorrect information and informal policies can spread through the workforce. Certainly, keeping your employee handbook up-to-date is not simply a matter of convenience.
It is necessary for legal compliance. If an employee brings a case against your company, you may be held to the standards in your handbook. For more information on small business compliance, see HR Compliance Checklist. As mentioned in section two, many states have legalized cannabis. Laws are changing all the time. For instance, stable scheduling and PTO payout laws are popping up.
The best practice is to assign an HR manager to track changes in employment law. Talk to your attorney, Payroll What is payroll? Payroll is the process of compensating employees for time worked. It involves designing a compensation plan, tracking work time, calculating withholdings, issuing paychecks and submitting payroll taxes.
How do you process payroll? This continues through the onboarding process. If your employees belong to a union, you will need copies of the union contracts.
Some positions or shifts may require various levels of certifications, education, training, or experience. This will be applicable when you are scheduling employees.
Employee TimekeepingAccurate payroll depends on accurate employee time and attendance tracking. During onboarding, managers should show employees how to clock in and out of their shifts. An automated employee timekeeping system simplifies payroll processing. Payroll ApprovalsAt the end of the payroll period, the employee time tracking information is sent to the payroll administrator. This includes hours worked by the employee.
Other pay information must also be sent. This includes any supplemental income earned. Supplemental income can include overtime hours, bonuses, and commissions. Taxes and WithholdingAfter payroll is approved, you calculate withholdings. You have to withhold federal, state, and local taxes. Make sure you are using the guide for the correct year.
Contact your state department of labor for information about calculating and paying state taxes. Contact your local taxing authority for information. If you hire a payroll provider or service, they will figure this out for you. Deductions and withholdings must be subtracted from gross earnings.
This includes state, federal and local taxes. Deduct retirement contributions and healthcare premiums. In addition to providing employees their paycheck, you must include an earnings statement. Some states require employers provide sick leave accrual information. Local family leave laws may require documentation. In certain industries and locations, you may have to provide overtime documentation. State reports are usually also reported quarterly.
Federal anti- Discrimination What is discrimination? Equal Employment Opportunity laws define workplace discrimination as unfair treatment based on race, color, religion, sex including pregnancy, gender identity, and sexual orientation , national origin, disability, age age 40 or older , or genetic information. Which federal laws address workplace discrimination? While many states laws mirror the federal statutes, some states have additional protections. There are also state-specific laws that require anti-discrimination training.
Some states equal opportunity employment laws apply to smaller businesses as compared with the federal laws. Also, many states have added or expanded pay equity laws. Discrimination can originate with recruiters, supervisors, and rank and file employees. In fiscal year , the EEOC received 72, charges of workplace discrimination.
Be aware, however, many states have additional laws related to Discrimination What is discrimination? By the way, many companies have adopted Discrimination What is discrimination? Employees should be able to find the official address of your new location. You should also communicate purpose and function.
The handbook is the best place to list official addresses, site functions and contact information. Every employee should understand your product or service offering. When new products come out, add them to the product section of your employee manual. Also, list products or services that are no longer offered.
Label them discontinued. Employees need an official method for product availability. Define job roles and employee types to clarify benefits eligibility requirements. You may have full-time employees exempt and non-exempt , part-time employees, independent contractors, seasonal workers, temps or non-residents. Also, outline special considerations or exclusions where needed.
Social media use continues to evolve as new platforms emerge. For your business, it can be a powerful form of communication, promotion, and marketing. It can also be a drain on productivity. Thus, clarify your policy on personal and company use of social media. Be specific about the consequences for violations. Awareness about workplace sexual harassment has been increasing. Public cases, activism, and news stories have everyone thinking about it. Now is a perfect time to update your employee handbook on sexual harassment policies.
Be clear and concise about what constitutes harassment and the associated disciplinary action. Employer retaliation is the most frequently filed charge with the EEOC.
Retaliation is when an employer punishes an employee for a protected action. For example, whistleblowing or filing a complaint. Assure your employees that they can raise issues and explain how to report problems without wrongful termination.
If your handbook has instructions, you are less likely to get into a messy situation. Because many states have banned salary history questions during interviews , your Recruiting What is recruiting? Human Resources recruiting is the process of hiring talent. Recruiting includes the specific tasks necessary to source, attract, process, screen, qualify, and offer jobs to high-quality candidates.
Depending on the size of the company, people in a wide range of roles handle recruiting. In a small business, the owner might handle it. In larger organizations, a Human Resources director or hiring manager s performs talent acquisition. Enterprise-level companies may have a talent acquisition team that includes hundreds of talent acquisition specialists. Companies also outsource recruiting to staffing agencies and professional recruiters sometimes called headhunters.
How do applicant tracking systems ATS automate recruiting? An applicant tracking system ATS automates nearly every task involved in hiring. These tasks include job posting, tracking and managing resumes, sending emails to applicants, creating hiring workflows, filtering candidates, creating interview scripts, and writing job descriptions. Separation of employment documents.
This may include exit interviews , resignation letters, and unemployment documents. How long should you keep employment records? There are many different federal and state laws that govern employment records. Employers must ensure that all documents are maintained, either in hard copy or electronically, for the following recommended periods:.
Required medical exams and exposure records OSHA. Keep Permanently. You can find the complete list and details on the IRS site here. Keep employment records such as, job descriptions, recruitment notices and ads, applications and resumes, interview evaluation, assessment results, background checks, references verification, offer letters, employment contracts, Form I-9, EEO Data forms, disciplinary records, pay history, performance reviews, relocation agreement, resignation letter, and termination forms.
Also keep health and benefits records, such as beneficiary forms, health plan elections, drug test results, education assistance records, FMLA leave reports and reasonable accommodations records. Direct deposit records, garnishment records, final payroll deduction checklist and unemployment claim records.
Destroy paper and electronic personnel records and confidential employee data after the retention deadlines have passed. Because employment records contain confidential and sensitive information, employers should establish specific policies and procedures for disposing of records safely.
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