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Recordkeeping Requirements

More than 20 employment laws contain provisions that require employers to create, maintain, and retain certain personnel records. The agencies that enforce employment laws are empowered to request and review your personnel records during an investigation or audit.

Fines for non-compliance with record-keeping requirements can range up to $1,100 per employee. Additionally, failure to meet record-keeping requirements can prove costly in an employee lawsuit, as personnel records are commonly used as part of an employer's defense in a wrongful discharge or discrimination lawsuit.

Some of the major laws requiring specific recordkeeping are the following: Age Discrimination in Employment Act (ADEA); Americans With Disabilities Act (ADA); Employee Polygraph Protection Act (EPPA); Equal Pay Act of 1963 (EPA); Fair Labor Standards Act (FLSA); Family and Medical Leave Act (FMLA); Immigration Reform and Control Act (IRCA); Internal Revenue Code; Occupational Safety and Health Act (OSH Act); OSHA's Bloodborne Pathogens Standard; and Title VII of the Civil Rights Act. There are also state laws and regulations as well as federal labor and OSHA regulations that require paperwork.

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