Complying with government recordkeeping requirements

Article Abstract:

A report-making, notice-posting program should be created by companies so that government recordkeeping rules are followed. Practical questions which must be analyzed when setting up such a program include: who will be the basic supervisor; what records will be saved and for how long; who will be the liaison with government officials; and what role will corporate attorneys play in setting policy? Certain personnel records must be maintained under the following laws. Title VII of the Civil Rights Act of 1964 requires that records related to employee dismissals, promotions and demotions, and layoffs be maintained for six months from the date of occurrence. The Age Discrimination in Employment Act requires that completed employee applications for all applicants (whether employed or not) be maintained for 90 days from the date of completion. The Employee Retirement Income Security Act is the most detailed law with regard to recordkeeping, requiring the maintenance of payroll-related records (such as employee vouchers, receipts, and worksheets) for a six-year period. The Occupational Safety and Health Act (OSHA) requires employers to prepare annual reports of injuries and illnesses that may be job-related, to notify area OSHA directors of instances that cause five or more employees to be harmed, and to retain OSHA required forms for five years, except in the case of records of employee contact with asbestos, which records must be maintained for 20 years. The Fair Labor Standards Act requires the maintenance of three-year records of all employees': names, addresses, dates of birth, sex, position titles, identification numbers, work week schedules, pay rates, hours worked by day and week, total straight-time wages, total overtime (or excess) compensation, total wages by pay period, total deductions from paychecks, dates of payment and periods covered by each payment. These and similar rules governing recordkeeping by employers are discussed.

Interpretation and construction, Labor law, Personnel records

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The law and employee-employer relationships: the hiring process

Article Abstract:

Planning the recruitment process, preparing employment forms and personnel handbooks, and other preparatory procedures to follow prior to hiring individuals are discussed as a prelude to an examination of the legal aspects of employee interviewing, testing, and hiring. Title VII of the Civil Rights Act of 1964 is also explained. During the interview process, employers should not mention military service, age, marital status, family planning, or religious affiliation, and should phrase questions to ensure that all are job-related. A list of ten questions that should be asked when interviewing applicants is provided. Legal requirements in the areas of seniority and hiring during employee layoffs or recruiting procedures, employee selection criteria used and tests given, child labor, and age discrimination in employment are also discussed.

Prevention, Employment interviewing, Employee recruitment, Labor relations, Employee selection, Employment discrimination

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