Record Keeping and Reporting

• All records relating to medical examinations, certification, histories and inquiries must be maintained in separate files and treated as confidential records. All required records pertaining to race or sex should be kept separate from basic personnel records or other records that are available to those responsible for personnel actions.

• Records to be kept for one year from date the record is made or personnel action is taken, which ever is later.
  • Employer must maintain any personnel record made by the employer, including application forms, resume’s or other replies to job advertisements, records concerning hiring and failing to hire, promotion, demotion, transfer, layoff, recall, termination, rates of pay, selection for training, job orders submitted to employment agencies or unions, tests papers in connection with employer-administered aptitude or other employment tests, physical examination results considered in connection with personnel actions, and other terms of compensation. (Title VII of the 1964 Civil Rights Act; Age Discrimination in Employment Act; Americans with Disabilities Act)
  • Covered federal contractors and subcontractors with fewer than 150 employees or with government contracts of less than $150,000 must maintain any required written affirmative action plans and supporting documentation and other documents and records relating to compliance with applicable EEO nondiscrimination and affirmative action requirements. (Executive Order 11246)
  • Covered federal contractors and subcontractors with fewer than 150 employees or with government contracts of less than $150,000 must maintain must maintain with regard to applicants and employees with disabilities records relating to requests for accommodation, results of any physical examination, job advertisements and postings, applications and resume’s, tests and test results, interview notes and any form of personnel action. (Rehabilitation Act of 1973)
     
• Records to be kept for one year after termination of plan
  • Employers must maintain employee benefit plans, written seniority systems or written merit systems for the period the plan or system is in effect plus one year after termination. (Age Discrimination in Employment Act.)
  
  
• Records to be kept for two years from date the record is made or personnel action is taken, which ever is later
  • Employers must also maintain documentation of the basis for any payment of any wage differential to employees of the opposite sex in the same establishment for two years. (Equal Pay Act)
  • .Employers must maintain records with regard to each employee concerning name, address, occupation, hours worked and wages paid. (Massachusetts Fair Employment Practices Act).
  • Covered federal contractors and subcontractors must maintain any required written affirmative action plans and supporting documentation and other documents and records relating to compliance with applicable EEO nondiscrimination and affirmative action requirements. (Executive Order 11246)
  • Covered federal contractors and subcontractors must maintain with regard to applicants and employees with disabilities records relating to requests for accommodation, results of any physical examination, job advertisements and postings, applications and resume’s, tests and test results, interview notes and any form of personnel action. (Rehabilitation Act of 1973)
  
  
• Records to be kept for three years
  • Employers must maintain payroll or other records containing each employee’s name, address, date of birth, occupation, rate of pay, and compensation earned per week. (Age Discrimination in Employment Act)
  • Employers must maintain records concerning payrolls, wage rate tables, additions or deductions from wages paid, work schedules, individual contracts, collective bargaining agreements, and sales and purchase records. for three years. (Fair Labor Standards Act; Equal Pay Act; Family and Medical Leave Act).
  • Employers must maintain records concerning dates and hours (if less than full day) of FMLA leave taken, copies of employer notices, documents describing employee leave benefits and policies, premium payments of employee benefits, and records of disputes with employees over FMLA benefits. (Family and Medical Leave Act)
  • An employer of twenty or more employees must retain an employee's complete personnel record without deletions or expungement from the employee's date of employment to a date three years after the employee's termination of employment. In any cause of action brought by an employee against such employer in any administrative or judicial proceeding, the employer must retain any personnel record which is relevant to such action until its final disposition. (Massachusetts Personnel Records Statute)
  
  
• Records to be kept for three years after date of hire or one year after date of employee’s termination, whichever is later.
  • Employers must maintain INS Form I-9 (Immigration Reform and Control Act)
  
  
• Records to be kept until termination of employment.
  • Employers must maintain certificates of age until the termination of employment. (Fair Labor Standards Act)
  
  
• Records to be kept until final disposition of charge of discrimination
  • Employers must also maintain personnel records relevant to a charge of discrimination, including, for example, records relating to the charging party and to all other employees holding similar positions, applications forms or test papers completed by unsuccessful applicants. (Title VII of the 1964 Civil Rights Act.; Age Discrimination in Employment Act; Americans with Disabilities Act)
  
  
• EEO-1 reports
  • Employers with 100 or more employees must maintain their most recent EEO-1 report.  Information on racial or ethnic identity may be obtained by visual surveys or from post-hire records where permitted by state law.
  
  
• Labor-Management Reporting and Disclosure Act
  • Employers who are involved with certain financial transactions with labor organizations must file Form LM-10 with the U.S. Department of Labor within 90 days of the close of the fiscal year.
  
  
• OSHA
  • Within six workdays after learning of an occupational injury or illness, an employer must record this on OSHA Form No. 200. This form, which in essence is a log, requests information pertaining to date of injury, employee’s name, job title, description of injury or illness, any fatality, lost workdays or job transfer as a result of the injury or illness. Any injury that requires medical treatment of than first aid must be recorded..
  • An employer must also completed a more detailed, supplementary record called OSHA Form No. 101.
  • Reports of serious injury must be made orally or in writing to the nearest OSHA area director within 48 hours. A serious injury is one that results in a fatality or the hospitalization of five or more employees.
  • At the end of each calendar year an employer must make an annual summary for each establishment based upon the information contained in OSHA Form No. 200.
  • Employers must maintain these records for five years.
  
  
• Vietnam-Era Veterans’ Readjustment Assistance Act.
  • Covered federal contractors and subcontractors must file annual reports concerning the number of employees in their workforce who are Vietnam-era veterans or disabled veterans, and the total number of such new employees hired during the reporting period. This form is VETS-100.
  
  
• Worker’s Compensation
  • .Injuries resulting in less than five calendar days lost are reported on Form DIA 118 with the insurance company.
  • Injuries resulting in the loss of five or more calendar days are filed on Form DIA 101 within seven calendar days (not including Sundays and legal holidays) from the day the employee has lost the fifth calendar day. This form is filed with the Department of Industrial Accidents, the insurance company and the employee.
  
  
• Massachusetts Personnel Records Statute.
  • An employer of twenty or more employees must retain an employee's complete personnel record without deletions or expungement from the employee's date of employment to a date three years after the employee's termination of employment. In any cause of action brought by an employee against such employer in any administrative or judicial proceeding, the employer must retain any personnel record which is relevant to such action until its final disposition.

   

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