Recordkeeping and Posting Requirements

Assume an employer knows the rules of law which apply to the workplace. Assume also that the employer works diligently at applying the rules appropriately. Has the employer satisfied the government? Not yet. Our federal and state governments also demand that an employer be able to prove compliance with those laws. As such, federal and state recordkeeping and posting requirements must be met. In order to satisfy government regulators that the employer has, in fact, complied with the letter of the law and has provided employees with notice of their rights, certain employment records must be kept and certain employment-related postings must be made available in the workplace. This chapter addresses these requirements.

Recordkeeping requirements. There are a substantial number of pieces of federal legislation which demand that an employer maintain certain employment records in order to substantiate compliance with the law. A detailed analysis of the recordkeeping requirements of each of the federal acts is beyond the scope of this book. Nonetheless, even a quick listing of the more prevalent federal employment statutes which have recordkeeping requirements can illustrate the magnitude of an employer's recordkeeping dilemma. Among the most visible employment statutes which require that certain types of records be kept are the following:

1. Employee Retirement Income Security Act