Archive for month: February, 2019

2019-It’s Time to Purge Those Records-Or is it

Categories: Articles

A new year always brings about change, and when it comes to which records you keep or toss at the office can sometimes be a challenge.

Federal records and The Uniform Preservation of Private Business Records Act (UPPBRA) states that records should generally be kept for a period of three years. But sometimes you cannot find a clear-cut answer for how long you should keep certain records.

Things can get a bit opaque if you don’t have any information available to you and you don’t want to purge your old records without being certain; you also don’t want to keep records longer than needed “just because,” so what do you do?

If you can’t find an answer it could mean that the records in question should be kept permanently, but to be safe, do your research. Document all resources used during your research whether you fall back on permanently keeping the records or you lean more toward the three-year time period for records purging. This will ensure you will likely avoid any penalties should an audit or court case crop up.

You can also check with your attorney or CPA because laws differ from state-to-state. Another great resource would be reaching out to a local Human Resource company such as Stellaris Group in Marietta, Georgia and have them review (or help you create) a Records Retention Schedule and time frame for record keeping or purging since they are always current on new and changing federal and state laws.

 As of 2019, the following information offers a basic guideline of what to keep and what to toss after a certain amount of time. But again, to be sure, check with a local HR company, your attorney, or your CPA.

A three-year time frame applies to most, with the exception of the following:

HEALTH AND BENEFITS RECORDS:

USERRA Leave Records                                           Permanent

Toxic and Bloodborne Pathogens Records                 30 Years

Job Related Injuries and Illnesses Records                 5 Years

*PRE-EMPLOYMENT AND EMPLOYMENT DOCUMENTS:

Intellectual Property Ownership/Nondisclosure            5 Years

Separation Agreement                                               5 Years

Unemployment Claims Records                                 4 Years

Note: If applicant is not hired, keep records for three (3) years.

RETIREMENT:

401 (k) Allocation Records                                         4 Years

Pension Eligibility Records                                         50 Years

Request for Calculation                                              4   Years

Retirement Beneficiary Form                                      50 Years

PAYROLL AND TAX:

Paychecks/Stubs, W-2s-W-4; Earnings Register;

Employee Withholding                                               4 Years

Federal and State Payroll Tax Forms                         4 Years

Federal Forms 1099                                                  4 Years

Time Sheets and Cards                                             4 Years

Computer Loan Agreement                                        5 Years

Direct Deposit Records                                              4 Years

Garnishment Records                                                4 Years

Final Payroll Deduction Checklist                               4 Years

HR POLICIES AND REPORTS:  

EEO-1 Reports                                                         Permanent

HR Policies (current)                                                 3 Years

Affirmative Action Plans and Records                         5 Years

Form 5500                                                                6 Years

OSHA 300/300A                                                        5 Years

VETS- 4212 Reports                                                 5 Years

The above serves as a general guideline, but to recap: When in doubt, always check with someone who stays current with federal and state laws because they can and do change. Stellaris Group in Marietta has a team of HR professionals who can help guide you in the right direction when it comes to all facets of day-to-day office management and they will always lead you in the right direction. 

Article by : Dawn Stastny

Dawn Stastny, SPHR, SHRM-SCP is the Managing Partner and Founder of Stellaris Group, LLC. To learn more about Human Resources Outsourcing and Consulting, connect with her at 678-935-6001 or by email at Dawn.Stastny@Stellaris.Co

GSG Compliance brings you easy-to-read breach notification rules and more…

Categories: Articles

As always, GSG here to help answer any questions and of course help you with a Security Risk Assessments, Information Security Policies, BA Agreements, and more.

This article from xtelligentmedia contains a lot of great information regarding data breaches. It does a great job in laying out the steps to follow in a variety of circumstances.

GSG Compliance often is asked about the “how, when, and why” regarding breaches of PHI. While there are many circumstances that have led to a breach of some kind, this article makes an easy read of what to do to prevent them and what to do should one occur. There is no one thing to do to protect your data, but there are some basic and common tasks that will put a covered entity in a much better defendable position.

“How To Comply with the HIPAA Breach Notification Rule”

  • Steps to take when a breach happens or suspect of a breach
  • Cyber incidence response
  • Significance of Encryption

ARTICLE

Bill Steuer
GSG COMPLIANCE
877-270-8306  ext. 133
877-828-8809 (fax)

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