Let's start by reviewing what federal law requires you to retain:
Each employee's personal information, including their full legal name, Social Security number, contact information, emergency contacts and occupation, needs to be kept. If you offer benefit plans, the benefits enrollment data should also be retained.
On-call employees are required by their employers to be available for work even during the employees' time off.
Whether you must provide on-call pay for these employees depends on a few factors. But if you're not paying for these hours, you may be violating the Fair Labor Standards Act rules for hours worked and overtime. And that's a recipe for hefty fines.
Minimum wage and overtime requirements are established by federal law, under the Fair Labor Standards Act (FLSA). That said, the FLSA has evolved over the years, and what was true at the time of its passage in 1938 differs from what currently stands today.
Paying overtime is not just a matter of paying employees the standard 1.5 times their normal pay rate when they work more than 40 hours in a week. Overtime payment errors can occur if you miss a payment:
1. Title VII of the Civil Rights Act of 1964 Forbids employers from discriminating against job applicants and employees based on their race, color, national origin, sex or religion. An employer cannot retaliate against an employee for objecting to discrimination under Title VII, reporting discrimination, filing a discrimination charge or participating in a discrimination legal proceeding. Employers with 15 or more employees must adhere to Title VII. 2. The Age Discrimination in Employment Act...