HR and Payroll Record Retention: Navigating the Legal Minefield

Duration: 90 minutes

Quick quiz:
  1. What records do you need to keep for tax deductions according to the DOL? (Hint- It’s different than what you keep for the IRS)
  2. How long must you retain records related to hiring (including unsuccessful applications) according to the EEOC? (Hint- It’s not the same as the IRS and FLSA)
  3. What are the storage rules for medical certifications, test results and other sensitive personnel records? (Hint- You need to know the answer for each of: USERRA, FMLA, ADA and GINA)
If you can’t immediately answer these questions (without Google) and you work in HR, Payroll or Finance, you’re exposing your company to liability that could stretch into the millions of dollars — plus potential jail time for you if you toss the wrong document or delete the wrong file.

In the nearly 10 years since the federal e-discovery rules went into effect, many companies still struggle with understanding exactly what they need to hold on to, how they need to store it and, just as important, what should be purged and when.

Some companies take a “We’ll just keep everything!” approach to compliance. But this is dangerous too. The more data and documents you retain, the harder they are to access when requested by a government agency or court. Also, the more you keep, the more you increase your exposure to violating data privacy laws. In fact, the FTC’s “disposal rules” actually require that you permanently get rid of certain data. Just one mistakenly retained piece of data can lead to thousands of dollars in FTC fines.

This webinar featuring employment law expert Anniken Davenport will cover the specific rules for complying with storage requirements under ACA, EEOC, Homeland Security, IRS, DOL, OSHA, FLSA, FTC and state guidelines.

The webinar will help you put reasonable retention policies into practice for both paper and electronic documents to protect you on both sides of the equation— keep what you need, properly dispose of what you don’t. 

LEARNING OBJECTIVES

This webinar will cover: 

  • The general requirements under many of the federal and state regulatory agencies that require access to your employment and payroll records
  • Rules on non-employee records: why and how to keep job applications, resumes, job descriptions and interview documentation from candidates you turned down
  • Requirements that satisfy both IRS and FLSA, along with individual requirements from each agency
    The status of the electronic I-9 program, including cautionary tales and best practices
  • How to deal with medical records in a way that complies with the ADA, OSHA and privacy laws
  • Streamlining the workflow of HR and Payroll records — and how to deal with the documents coming at you in various forms from across departments, offices and states

                ABOUT THE SPEAKER

                Anniken Davenport has taught business law and HR management at Penn State University and directed the Legal Studies Program at Wilson College. She has represented the Commonwealth of Pennsylvania in discrimination and employment law cases and school districts in labor negotiations. Anniken holds an MA in writing from Johns Hopkins and a JD from Penn State.

                Certification

                This program has been approved for 1.5 recertification credit hour through the HR Certification Institute (HRCI) & Society for Human Resource Management (SHRM).

                 


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                What You Get With Each Option close

                Live Recording

                Live Only

                Participation in the live upcoming webinar

                Recording

                Recording Only

                Full MP4 recording of webinar, including Q&A. Choose digital download or CD-ROM by mail.

                Live and Recording

                Live + Recording

                Participation in the live webinar + Full MP4 Recording. For recording, choose digital download or CD-ROM by mail.

                Event Package

                Event Value Pack

                Participation in the live webinar + Full MP4 Recording + Audio-only MP3 recording. For recordings, choose digital download or CD-ROM by mail.

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