Employee Record Retention: Navigating the Legal Minefield

WHY ATTEND

What records do you need to keep for tax deductions according to the DOL? How long must you retain records related to hiring (including unsuccessful applications) according to the EEOC? What are the storage rules for medical certifications, test results and other sensitive personnel records under USERRA, FMLA, ADA and GINA?

The list of questions is endless so some companies take a “We’ll just keep everything!” approach to compliance. But this is a logistics nightmare -- and potentially dangerous, too. Just one mistakenly retained piece of data can lead to thousands of dollars in FTC fines.

This engaging and information-packed webinar, featuring employment law expert Anniken Davenport, delivers all the HR and payroll record retention guidance you need. We’ll cover the specific rules for complying with storage requirements under ACA, EEOC, Homeland Security, IRS, DOL, OSHA, FLSA, FTC and state guidelines. You’ll also learn how to 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 holds an MA in writing from Johns Hopkins, a JD from Penn State and a license to practice law in Pennsylvania. She has over 30 years’ experience as a litigator, educator and negotiator. Her career includes private and government labor and employment law practice, including advising and representing governmental units in labor negotiations and contract formation. She has worked for the Pennsylvania Lottery, the Pennsylvania Department of State and the Pennsylvania Department of Labor as an attorney and the Pennsylvania School Board Association as a labor negotiator and trainer.

She has defended various government departments in discrimination, workers’ compensation and unemployment compensation cases. In addition, she has authored textbooks for undergraduate students, taught employment and labor law at Penn State University, Wilson College and the Harrisburg Area Community College, and written and edited newsletters and books on a wide variety of employment and labor topics.

Certification

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