New York Records laws & HR compliance analysis

New York Records: What you need to know

The information provided here highlights some of the more important recordkeeping requirements that apply to most employers in New York, regardless of industry. There may be other state recordkeeping requirements that are specific to certain businesses or industries.
In addition, there are many federal statutes that require employers to keep certain records related to employment. Information on federal recordkeeping requirements is available.
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Employers should keep in mind that the time period 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 want to retain employment-related records for longer periods. Moreover, the penalties for not keeping required records may be severe.
Covered employers. All employers that sponsor apprenticeship or other training programs are subject to the recordkeeping requirements.
Required. Employers must keep a summary of each applicant's qualifications; the basis for evaluation and selection or rejection of applicants; notes and records related to interviews; and information about the program's operations, including, but not limited to, job assignment, promotion, demotion, layoff, termination, rates of pay, conditions of work, hours of work, and hours of training. Records must be kept in a manner that permits identification of minority and female participants.
To be retained. Records must be retained for a minimum of 5 years (NY Admin. Code Tit. 12 Sec. 600.9).
Covered employers. All employers of minors who ...

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