(K) Section 10 Recordkeeping and record retention

Question 1

The ____ requires employers to keep records on wages, hours and other items, as specified in Department of labor recordkeeping regulations.

Answer 1

FLSA

Question 2

Do records kept by employers need to be kept in a specific form and include time clocks?

Answer 2

No records do not need to be kept in any particular form and time clocks not be used.

Question 3

Under FLSA for each employee, the following records must be kept for at least 3 years after their last date of entry (Except overtime-related records for exempt employees):

Answer 3

• personal information including employee’s name, home address, occupation, sex and birth date (if under 19years old)
• hour and day when workweek begins
• total daily or weekly straight-time earnings
• total hours worked each workday and each workweek
• regular hourly pay rate for any week when overtime is worked
• total overtime pay for the workweek
• deductions from or additional wages
• total wages paid each pay period
• date of payment and pay period covered
• collective bargaining agreement
• certificates authorizing the employment of industrial homeworkers, minors, learners, students, apprentices, and workers with disabilities
• records showing total sales volume and goods purchased

Question 4

Under FLSA the following records must be kept at least 2 years from their last date of entry include

Answer 4

• basic employment and earnings records supporting the data for each employee’s hours of work, basis for determining wages, and wages paid (time or production card)
• order, shipping, and billing records showing customer orders, shipping and delivery records, ad customer billing; and
• records, substantiating additions to or deductions from employee’s wages, including purchase orders, operating cost records, wage assignments, and garnishments.

Question 5

Under FLSA the following recode must be kept for at least 2 years from their last effective date include:

Answer 5

• wage rate tables and piece rate schedules; and

- work time schedules establishing the hours and days of employment

Question 6

Tipped employees under FLSA require

Answer 6

Employers using the tip credit to pay a certain portion of a tipped employees minimum wage must keep, in addition to other required records, the following:

• notation on records showing wages are determined partially by tip
• IRS form 4070, employee report to employer on tip
• Amount of tip credit taken by employer
• hours worked and straight time for work other than tipped work
• Hours worked and straight time for work in a tipped situation.

Question 7

Form of records, must be available for inspection within ____ hours of notice.

Answer 7

72

Question 8

Willfull violation of the recordkeeping requirements can bring criminal penalty up to $___ and ___ months of imprisonment.

Answer 8

$10,000 and 6 months

Question 9

Under IRC internal revenue code the following records are required to keep:

Answer 9

• Employee’s name , address, occupation and SSN
• Total amount of compensation, taxes, and date paid to employees
• Amount of compensation subject to all tax withholdings
• The pay period covered by compensation
• Form W4
• Hire and separation date of each employee
• Fringe benefits provided to employee
• tax adjustments
• Forms 941, 943, W-3, 6559, and W2
• Amount and date of tax deposits

Question 10

Under IRC retention period.

These records must be kept by the employer for at least ___ years after the due date of tax for the return period to which the records relate.

Answer 10

Four years

Question 11

Under IRC retention period

Information related to taxes paid by employees must be retained by the employer for at least ___ years after the due date of the employee’s personal tax returns (april 15).

Answer 11

four years

Question 12

Employers subject to FUTA must keep records to substantiate the following for at least four years after the due date of Form 940, or the date the required tax was paid whichever is later:

Answer 12

• total amount of compensation paid during the year
• the amount of compensation subject to FUTA tax
• state unemployment contributions made (noting amounts withheld from employee’s wages)
• all information shown on Form 940
• If total compensation and taxable amounts are different, the reason

Question 13

Are employers relieved of the recordkeeping responsibilities because they us a service bureau?

Answer 13

No employers are not relieved.

Question 14

What is the Civil rights act of 1964

Answer 14

• prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin
• To accurately complete reports required by EEOC, employers must keep records regarding hiring, promotion, demotion, transfer, layoff or termination, rates of pay, and selection for training or apprenticeship
• Keep records for one year from date made or date of the action to which they relate, whichever is later
• Keep longer if relate to a change of discrimination
• applicable to employers covered by ADA

Question 15

What is the Age discrimination in employment act of 1967

Answer 15

The ADEA prohibits employers from making hiring, termination, or other personnel decisions based on the age of individuals who are at least 40 years of age.

Records of employee’s name, address, date of birth, occupation, pay rate, and compensation earned each week must be kept for at least three years

Records of the following must be kept for one yer, job applications, resumes, promotion, demotion, transfer, training, layoff, recall, discharge, job orders submitted to employment agencies or union, test or exams used in making personnel decisions, and job ads.

Question 16

What are some Government contractor regulation for record keeping?

Answer 16

Companies who contract with the federal government are subject to more comprehensive recordkeeping requirements than other employers

Records are used by DOL’s office of Federal contract compliance programs to determine if affirmative action goals have been met.

Question 17

What are record keeping regulations per immigration reform and control act (IRCA)

Answer 17

Employers must retain the completed Form I-9 for at least 3 years after the date of hire or one year after the date of termination whichever is later.

The form must be made available for inspection within three days of request.

The employer should keep any copies it has made of documents provided by employees to support their right to work.

*note employers are not required to make copies of identification documents

Question 18

Under FMLA family and medical leave act the following records must be kept for ate least 3 years.

Answer 18

• basic payroll and identifying data
• data of FMLA leave taken
• Hours of the FMLA leave taken, if taken in increments of less than one work day;
• copies of written notices of intention to take FMLA leave;
• Copies of all notices given to employees as required
• documents describing employee benefits or employer polices and practices regarding leave;
• Premium payments for employee benefit; and
• records of any dispute between employer/employee over the designation of leave as FMLA leave

Question 19

Wages not claimed by employees must eventually be turned over to state treasuries under the state’s _____ law.

Answer 19

Escheat

Question 20

To comply with the varying federal and state recordkeeping requirements, employer should create a _____ of employee data thats meets the most stringent of those requirements.

Answer 20

Master file

Question 21

To improve portability and continuity health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.

Is known as what act?

Answer 21

HIPAA

Health insurance portability and accountability act 1996

Question 22

HIPPA was enacted to:

Answer 22

• Enable individuals to obtain health care coverage for themselves and their dependents when they lose their coverage as a result of changing jobs or enrolling in another employer-sponsored medical plan
• restrict an employer-sponsored medical plan from imposing a pre-existing condition limitation that lasts longer than twelve months from a new employee’s enrollment date.
• require employers to provide a certificate of group health care coverage to all individuals who terminate or lose their medical coverage
• require employers that have a pre-existing condition provision in their medical plan to accept a new employee’s creditable coverage to determine the length of a pre-existing limitation periods, if any, it can impose on the employee and their dependents.

Question 23

What are HIPAA privacy rule:

Answer 23

• Privacy regulations governing individually identifiable health information
• The privacy rule defines and limits the circumstances in which an individual’s protected health information may be used or disclosed.