Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 5, 2016
The Firm
201-896-4100 info@sh-law.comProperly maintaining human resources records has several distinct advantages for employers. First, thorough and accurate recordkeeping allows you to quickly find information about your employees, saving both time and money. In addition, it may even assist in shielding you from liability in the event of an employee lawsuit or government audit.

Reviewing: During any HR records audit, it is important to review a cross-section of personnel files to ensure that they comply with applicable state and federal employment laws. While personnel files should include resumes, applications, performance evaluations, and employment contracts and other records, there are also some records that must be retained. Employers are required to keep certain information about employees’ wages and hours, including hours worked, total wages, and deductions.
Updating: It is also important to verify that all of your Human Resources records are up to date. For instance, you should make sure that the file contains documents reflecting any recent promotions, disciplinary actions, raises, performance reviews, etc. In addition, records management procedures should also be updated to comply with any employment law changes. For instance, the Patient Protection and Affordable Care Act imposes a number of new record keeping obligations on employers.
Organizing: Keeping detailed records is not helpful unless you can easily access them. If you do not have standardized record management policies and procedures, this is a good time to start. For employers, it is important to make sure that documents make it into the correct files. For instance, I-9 forms, investigative documents, and medical records (including Family and Medical Leave Act forms, Leaves of Absence forms, and the Americans with Disabilities Act information) should be maintained separately and not placed in employees’ general personnel files.
Purging: Upon reviewing your personnel files, you may find documents that are outdated or reference employees that are no longer with the company. However, before throwing away any documents, be sure to check any applicable state or federal document retention requirements. For instance, employers are required to preserve at least three years of payroll records, while records on which wage computations are based should be retained for two years. Please keep in mind that, once you are aware of threatened, anticipated or served litigation, the requirement to preserve evidence (“Litigation Hold”) supersedes standard document destruction practices.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!