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Records: What you need to know

The information provided here highlights some of the more important recordkeeping requirements that apply to most employers, regardless of industry.
Employers should keep in mind that the requirements for retaining records set forth in the various statutes are minimums. Since these records are critical to the employer if its compliance with federal or state law is questioned or if it must defend itself against employment-related litigation, employers may wish to retain employment-related records for much longer periods of time. Complete and accurate records are often an employer's best defense to employment-related litigation and wage and hour complaints.
In addition, some states have specific laws related to the maintenance of personnel files and other documents that may require longer retention periods.
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Depending on the legal authority and the type of record, statutory retention requirements can vary from 1 year to 30 years after termination of employment. Keeping up with these individual requirements and establishing a workable "tickler" system to identify when and which records may be safely destroyed can be cumbersome, even for small workplaces.
Therefore, if the availability of secure file storage space is not at issue, adherence to the following general safe harbor retention periods may be preferable to researching applicable state or federal law and calculating the unique retention period required for each individual law, record type, and employee in question.
• Personnel records: 7 years after termination of employment.
• Medical and benefits records: 6 years as long as no toxic exposure occurred.
• Employment verification (I-9) records: 3 years after ...

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State Requirements

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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