Employers have certain housekeeping duties imposed by law concerning document retention and posting notices in the workplace.
Various federal laws have different rules about how long companies must keep records. A good rule of thumb, however, is to keep most employment-related records of any kind for at least three years.
Federal income tax information in the form of W-4 Withholding Allowance Certificates and W-5 Earned Income Credit Advance Payment Certificates should be kept for four years.
Tennessee has a specific regulation requiring employers to retain some records on each employee for at least seven years. Records to be kept seven years must show each worker's name and Social Security number; date hired, rehired and terminated; full-time weekly wage; number of hours for which the employee was paid (except for workers paid a salary); gross wages for each pay period and total wages for each calendar quarter; value of any remuneration other than cash; and any special payments such as bonuses, gifts or prizes.
The Americans with Disabilities Act and the Family and Medical Leave Act require that employers maintain all medical information on separate forms and in separate files. The files must be locked up and kept confidential.
Notices must be postedFederal and state laws require employers who are covered by certain laws to post notices giving their employees information about their rights. Notices are typically posted in employee break rooms or in some other prominent place.
The federal laws that potentially apply are listed on the U.S. Department of Labor's Web site. Employers can determine which laws apply to them by reviewing that site or calling the department. There are posters that consolidate the notices applicable to an employer.
Typically, the poster would cover at least these federal topics: the Fair Labor Standards Act, showing minimum wage, overtime pay and child labor laws; Equal Employment Opportunity Laws; Job Safety and Health Protection (OSHA); and Uniformed Services Employment and Reemployment Rights Act. Depending on the size of the employer, the poster might also cover the Family and Medical Leave Act.
Tennessee also has posting requirements, and the state Department of Labor and Workforce Development has a poster that would apply to most small employers. This comprehensive poster also covers unemployment, workers' compensation and the Polygraph Protection Act.
Tennessee's comprehensive poster doesn't cover the new anti-smoking act. But employers must post notices about the new law and nonsmoking signs or symbols at all entrances.
Finally, employers must designate regular paydays and post a notice about those dates.
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