The failure to maintain adequate and sufficient time keeping records under the Fair Labor Standards Act (FLSA) can result in a substantial back pay award.
Under the FLSA, the burden is on the employer to maintain and preserve such records. If this burden is not properly met, courts will accept as evidence of overtime worked information provided by the employee…whose recollections about the number of hours worked will typically be much more generous than those actually worked. Also, case law has established that an employer’s failure to produce required records creates a presumption that those records would have been favourable to the plaintiff’s cause of action and detrimental to the employer’s position.
Objectives of this session:
As your organization considers this important area of human resource management, it should ask the following questions:
- What information, records, and files (IRF) am I required to create, collect, and maintain?
- What IRF am I prohibited from creating, collecting, and/or maintaining?
- What privacy issues should be considered?
- Once my organization has the information and data, what do I ─ should I ─ do with this material?
- Who should have access to this information?
- Where should my organization keep it?
- How long should my organization keep it?
Participants will walk away with the understanding of:
- An update on 2022 information, records, and files (IRF) should you create, manage, and keep
- A discussion of federal law and potential changes
- Critical assessment of state UI laws
- Managing your organization’s IRF liabilities
- Managing employment and record management issues that impact your IFR liabilities and other employment costs
Why Should you attend?
Some of the most vexing challenges facing employers and human resource managers are questions related to what employment records and notices are required to be posted; what employment records should be kept; how long employment records should be retained, and when do you destroy them. With the myriad of federal, state, and local laws governing employment information management and related subjects, each with its own specifications on record keeping and retention, employers face the daunting task of complying with these various legal requirements. Failure to meet these requirements can result in substantial financial liability.
This Webinar discusses the creation, management, and retention of information, records, and files (IRF). It is designed to familiarize your organization with IRF basics and to assist it in the development of coordinated and effective policies and procedures. It includes risk management and loss management issues you should consider in managing your organization’s record management activities.
Who will benefit?
- HR professionals
- Payroll managers
- Operations managers
- Risk managers
- Compliance managers
- External and Internal Auditors
Ronald Adler is the president-CEO of Laurdan Associates, Inc., a veteran owned, human resource management consulting firm specializing in HR audits, employment practices liability risk management, HR metrics and benchmarking, strategic HR-business issues and unemployment insurance issues. Mr. Adler has more than 45 years of HR consulting experience working with U.S. and international firms, small businesses and non-profits, printers, insurance companies and brokers, and employer organizations.
Mr. Adler is the developer the Employment-Labor Law Audit™ (ELLA®), the nation’s leading HR auditing and employment practices liability risk assessment tool—now in the tenth edition.
Mr. Adler has served as an adjunct professor at Villanova University’s Graduate Program in Human Resources Development and taught a course on HR auditing. Mr. Adler has additionally served as a certified instructor for the CPCU Society and conducted courses on employment practices liabilities.
Mr. Adler has assisted Congress and state legislatures develop employment and UI related legislation and has testified before the U.S. Senate Finance Committee on unemployment insurance and the U.S. Senate H.E.L.P. Committee on genetic discrimination in the workplace. Mr. Adler has also served as an expert witness in discrimination and negligent hiring cases.
Mr. Adler is a member of the Institute of Internal Auditors. Mr. Adler is also a member of the Society for Human Resource Management (SHRM), served as a subject matter expert (SME) to SHRM on HR metrics and other workplace issues, and has represented SHRM in meetings with the EEOC.
Mr. Adler has a B.S. degree in Finance from the University of Maryland and an M.B.A. from Southern Illinois University.