Q:

What are some forms HR departments must maintain in a record of employment?

A:

Quick Answer

The U.S. Fair Labor Standards Act requires employers to maintain records that identify each non-exempt employee and include details of days and hours of work, regular and overtime earnings, wage additions and deductions, and the amounts and dates of payments made to the employee. The Social Security Act requires that employers maintain identifying information including full name, address and Social Security number for four years. The Fair Labor Standards Act requires three-year retention of employee gender, occupation and payroll records.

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Full Answer

The retention requirement for maintaining time sheets, work schedules and wage rate tables is two years.

Basic personnel files typically contain information related to an employee's skills and performance, such as his job application, resume and compensation and job classification records. Employers should maintain sensitive employee documents, including the employee's W-4 and I-9 forms, Social Security number, documentation of marital status, health records, drug test results and criminal or financial history in the employee's confidential employment file. It is up to the employer whether records of disciplinary actions go in the employee's basic or confidential file. For auditing purposes, some employers maintain all employee forms of a single type, such as the I-9 form, in a single file. Employers must maintain Form I-9 for three years after date of hire according to the U.S. Immigration Reform and Control Act of 1986.

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