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Fair Labor Standards Act (FLSA)
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Governs record retention for all covered employers.
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Keep for 3 YEARS after their last date of entry (FLSA) |
Name, Home Address, date of birth, sex and occupation, beginning of workweek, hours worked, straight time earnings, premium earnings, deductions, total wages paid each period, date of payment.
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Keep for 3 YEARS from effective date (FLSA) |
Collective bargaining agreements, certificates authorizing employment, records showing total sales volume and goods purchased.
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Keep for 2 YEARS from their last date of entry (FLSA) |
Basic employment and earning records, timecards, customer order/billing records, deduction records.
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Keep for 2 YEARS from effective date (FLSA)
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Wage rate tables and piece rate schedules, work time schedules.
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(FLSA) Record retention also applies to:
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White Collar Employees, Tipped Employees, Hospital Employees (14 day period authorization letter), Industrial Homeworkers......
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FLSA Penalties: |
$10,000 or 6 months in jail
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Internal Revenue Code (IRC)
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Governs records surrounding witholding taxes (Fit, SS, Medicare)
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Must Keep for 4 YEARS after the due date of the tax. (IRC) |
Total amount and date of each payment, ee name, amount subject to witholding, pay period, form w-4, hire and term date, w-4s, fringe benefits, copies of filed returns, amounts and dates of tax deposits, er ein, w-4P.
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(IRC) FUTA (Form 940) records must be retained for at least:
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4 years after the tax due date
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Electronic Storage System Requirements (IRC)
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Resonable controls to ensure te integrity, accuracy, and reliability of the system.
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Civil Rights Act of 1964 (Title VII)/ Equal Employment Oppurtunity Commission (EEOC)
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Prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin.
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EEOC requires records regarding hiring, promotion, demotion, transfer, termination, and rates of pay to be retained for:
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1 YEAR from the date they were made or the date of the personnel action to which they relate, whichever is later.
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Age discrimination in Employment act of 1967 (ADEA)
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Protects those of 40+ years of age from discrimination.
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(ADEA) Records must be retained for at least 3 YEARS
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Name, address, dob, occupation, payrate, and comensation each week.
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