Establish a clear policy on record retention and destruction including schedule, file location, techniques of destruction and a records administrator. Consider appointing a data steward charged with oversight, compliance and access determination as well as serving as a resource to handle questions and provide guidance.
When updating record retention strategies, companies should carefully consider the requirements for digital evidence in court to ensure that their electronic files will be admissible in discovery or litigation cases. The Federal Rules of Evidence require a digital time stamp and digital signature to prove the authenticity and integrity of electronic files presented in court.
Follow state and federal laws regarding employee access to files including review and copies of files. As part of your record retention policy, define what records should be kept and who has access, providing copies and retention length.
Employers should know how long to keep or destroy employee records and documents. Each state and federal agency has a different set of requirements, often covering the same documents so it's challenging for you to know what to keep and for how long. These issues, as well as new identity theft threats and updated technology, impact your recordkeeping practices in a big way.
This webinar will guide you through those requirements so you understand how to ensure compliance and understand the consequences of noncompliance. The webinar will also outline record retention requirements and notification requirements for several federal laws. By following the requirements, your institution should be able to avoid the pitfalls in employment-related liabilities and problems, if and when auditors investigate your files.
Stuart Silverman has been practising law for almost 30 years and is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton, Florida. The emphasis of his practice is in the area of labor and employment law and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination, wage and hour claims, whistle-blower and retaliation claims, ADA and FMLA claim, public employee's claims, as well as disputes under employment contracts, non-compete agreements, trade secrets disputes and partnership breakups. Mr. Silverman is a frequent speaker on his areas of practice.
Mr. Silverman focuses on helping businesses by taking a proactive approach to their employment and business law needs and provide assistance with compliance on workforce issues, employment handbooks and policies, employee contracts, non-competition and non-solicitation agreement, partnership agreements, shareholder agreements, contracts and buyouts and severance issues and commercial leases. He is also a member of The Workplace Violence Prevention Institute ("WPVI") a group formed to investigate solutions and strategies from a proactive and systemic perspective to minimize the risk of workplace violence, specifically violence caused by employees or former employees. He earned his B.A. degree, with high honors and his J.D. degree from Rutgers University. Mr. Silverman is admitted to The Florida Bar and the U.S. District Court for the Southern District of Florida.
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