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)
- 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)
- 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.
- 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 a
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.
- .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.
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