Employee records and files Records retention by law and practice
These records may be required if an employee is injured on the job, quits, is terminated, or if there is a question regarding taxes paid. Many employers are transitioning to a largely paperless system, in which the files are maintained electronically. When an association does so, it must ensure that it has adequate protection against hacking, power surges, and other potential threats. It must also assure that data is backed up on a periodic basis to an exterior hard drive or to the cloud. An association must also be mindful of the documents that are not available to members requesting review and/or copying of association records. hostile environment for the victim. Harassment may include, but is not limited to: ● Derogatory comments or slurs. ● Lewd propositions. ● Assault. ● Impeding or blocking movement. ● Offensive touching. ● Any physical interference with normal work or movement. ● Visual insults, such as derogatory emails, posters, or cartoons. Employee claims of discrimination or harassment If an employee (or candidate for employment) claims discrimination or harassment, the community association must investigate. If discrimination or harassment occurs and the community association fails to act, the association may be liable for damages. The association’s D&O and general liability insurance policies may not cover claims of discrimination and harassment. Employers should check with their attorney to assure they adhere to all employment laws. ● Occupational Safety and Health Act (OSHA) ● Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ● Work Adjustment and Retraining Notification Act (WARN) ● Whistleblower Protection Act (WPA) OSHA The federal Occupational Safety and Health Administration (OSHA) is responsible for assuring safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and Describes three basic duties, two of which apply to employers, while the third applies to employees. OSHA requires employers: To furnish to each employee, employment and place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to the employees To comply with occupational safety and health standards promulgated under the act OSHA requires employees to comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to the Act that are applicable to their own actions and conduct. Mandatory penalties OSHA imposes a mandatory minimum civil penalty for a serious violation. A willful violation may result in a minimum fine. OSHA can assess penalties into the hundreds of thousands of dollars if an employer fails to correct problems once they are identified. assistance. Section 5
The employer should maintain careful records. For a community association as the employer, this includes maintaining a file for each employee that contains the following items: ● A job description. ● The original application form and/or resume. ● Performance evaluations. ● Employment Eligibility Verification form (I-9). ● Files of payroll and tax records; compensation history. ● Benefits application forms. ● Signed releases for community association property (e.g., pagers, radios, and credit cards). ● Correspondence, including letters of commendation and complaints. Discrimination and harassment In this section, we study the meaning and difference between discrimination and harassment. We also briefly exam what an association should do in the event that it receives a complaint of either. Discrimination Discrimination is the unjust or prejudicial treatment of different categories of people especially on the grounds of race, nationality, gender, age, disability, or sexual preference. Discrimination against certain categories of persons may be illegal. The best ways to minimize employee claims of alleged discrimination are: ● Prohibit preferential treatment of employees. ● Make all employment decisions based on job requirements and performance. ● Document the basis for each employment decision. Harassment Harassment is a course of conduct that annoys, threatens, intimidates, alarms, or puts a person in fear for their safety. Harassment is unwanted, unwelcomed, and uninvited behavior that demeans, threatens, or offends the victim and results in a Government agencies and related laws Federal, state, and local agencies regulate many aspects of employee, volunteer, and contract labor. There are numerous agencies under the Department of Labor (DOL) and other agencies that impact certain employers and employee related issues including at least: U.S. Government Agencies ● U.S. Department of Labor (DOL). ● U.S. Social Security Administration (SSA). ● U.S. Equal Employment Opportunity Commission (EEOC). ● U.S. Department of Health and Human Services (HHS). ● U.S. Treasury Department Internal Revenue Service (IRS). Florida Government Agencies ● Florida Commission on Human Relations (FCHR). ● Florida Department of Business and Professional Regulation (DBPR). ● Florida Department of Economic Opportunity (DEO). ● Florida Department of Financial Services (DFS). ● Florida Department of Revenue (DOR). ● Florida Department of Veterans Affairs (FDVA). There are also many human resource laws that impact employers and employees. Some of which are listed here: Human Resource Laws ● Affordable Care Act (ACT) ● Consumer Credit Protection Act (CCPA) ● Employee Retirement Income Security Act (ERISA) ● Fair Labor Standards Act (FLSA) ● Family Medical Leave Act (FMLA) ● Immigration and Nationality Act (INA) Labor-Management Reporting and Disclosure Act (LMRDA)
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