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Purging: Upon reviewing your personnel files, you may find documents that are outdated or reference employees that are no longer with the company.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.
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
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!