Human Resource, Employee Benefits and Risk Management Info
ConsultStu, LLC is committed to the profession of human resources and risk management, and to the improvement of HR and RM practices through information and education. As a resource to our clients, we provide the following information and links. If you have a suggestion for content, email us.
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Family and Medical Leave Act (updated in 2009) On November 17, 2008, the United States Department of Labor (DOL) published the final version of the new Family and Medical Leave Act (FMLA) regulations, which go into effect on January 16, 2009. The final regulations interpret and implement two new military family leave entitlements for eligible family members, as well as update the regulations under the FMLA.
The Department of Labor's website has the new regulations, the new forms, and guidance for employers and training materials for supervisors. Click here to see the DOL's FMLA information page. Update your forms immediately for new FMLA situations.
Click here for an FMLA policy supplement.
More information is available on the FMLA expansion on Jackson Lewis law firm website and WilmerHale law firm update.
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Compliance Thresholds for Laws
1 Employee Polygraph Protection, FLSA, New Hire Reporting, Immigration (I-9) OSHA, Unemployment Comp, Workers' Comp (construction) 2 Employees HIPAA, Equal Pay Act 4 Employees Workers' Comp (general) 10 Employees FL Whistleblower Protection 15 Employees FL Civil Rights Act, Title VII, ADA 20 Employees COBRA, Age Discrimination Act, FL Workplace Safety Act 50 Employees FMLA, Florida Domestic Violence Leave Law 100 Employees Worker Adjustment and Retraining Act (WARN); ERISA and 5500 Filing Obligations; EEO-1 Form
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Recordkeeping Requirements (federal laws)
Record Years Maintained Advertisements (jobs) 1 year from date of action Age Certificates until termination of employment Applications, resumes 1 year from date of action Applicant Testing 1 year from date of action COBRA documentation no specific requirements (ERISA uses 6 years) EEO-1 Form Current and past year Employee Beneficiary docs As long as relevant (see personnel files) Employee Benefit Plans 1 year after termination of the plan, or system Employee Exposure Records 30 years Employee Medical Records 30 years (OSHA testing) Fair Credit Reporting Act 2 year (statute of limitations for violations) FICA, FUTA related 4 years after tax due date, or tax paid (later) FMLA related 3 years HIPAA no mandatory recordkeeping (keep medical info confidential, not in personnel file) I9 Form 3 years, or 1 year after termination (whichever is later) MSDS sheets Chemical list kept for 30 years OSHA 300, 301, 300A 5 years, and current year Payroll Records 3 years Personnel Files 1 year after termination (or until enforcement action concluded) Polygraph Protection docs 3 years from date administered Time cards, FLSA 3 years W2 forms (and undeliverables) 4 years Written Training Agreements Duration of training program
Recordkeeping Requirements (Florida law)
Record Length Maintained Accident records 3 years Discrimination Related 1 year from termination of employment Drug Free Workplace 1 year from test DWC-1 forms At least 30 months Unemployment related At least 5 years Workers' Comp Length of employment, plus 2 years (or until case resolved)
Safety and Health Program Documentation
USF Seven Up Safety Plan Safety Certification Form Length of Policy, plus 3 years
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Employee Handbook
Click on the following link to review a Sample Employee Handbook. If you do not see a policy you are looking for, send an email to info@consultstu.com and request the needed policy.
Sample Employee Handbook
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HR Question & Answer Blog
Clients with questions concerning human resources, risk management, safety or benefits can either (1) email ConsultStu through the feedback page, (2) call ConsultStu; or (3) post the question on ConsultStu's client only HR Blog located at www.consultstuonhr.wordpress.com. You will need to register with wordpress.com (free). Please click on the following link for the step by step instructions on how to access the HR Blog. Instuctions for Accessing the HR Blog
By posting your questions on the HR Blog, you will allow your colleagues to share in the solutions to common HR problems and challenges.
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