Record Keeping Requirements
“I think there might have been a mistake in my pay a few months ago, but my boss won’t let me see my pay history.”
Unfortunately, at Gordon Law Group, LLP, we hear this type of statement all too frequently. When an employer refuses to provide certain information, it may be violating its legal record keeping requirements. Gordon Law Group, LLP attorneys, based in Boston, represent workers in Massachusetts and across the U.S. who find themselves frustrated by their employers’ refusal to provide documents and records.
When working with us, you can be confident you have a skilled advocate in your corner, one who will fight to help you obtain the information you are legally entitled to receive, and who will hold your employer accountable. Employee advocacy is our focus and our passion, and our attorneys are frequently cited among the best employment lawyers in the nation.
Understanding Employee Record Retention Requirements
Legal requirements for record keeping in Massachusetts are designed to protect workers. All employers in Massachusetts with at least 20 employees must maintain personnel records for each employee. Those records must include each worker’s:
- Name, date of birth and address
- Job title and description
- Resume/job application
- Starting date of employment
- Hourly wage/salary and additional compensation, if applicable
- Performance-related records
- Termination notices
In addition, employers are required to make available certain information to employees and provide it to them upon request in a timely fashion. Records that employees are entitled to see include:
- Employee’s paycheck
- Pay slip or check stub
- Employee’s pay history
The pay slip must show the employer’s name, employee’s name, date, number of hours worked, hourly rate of pay and amounts of deductions or increases made for the pay period. An employer must provide all this information to their employees.
For at least 2 years, every employer must keep a true and accurate record of each employee’s pay history. They must keep track of the amount paid each pay period to each employee, and the number of hours worked each day and each week by each employee.
In addition, a new Massachusetts law states that an employer must notify an employee within ten days if there has been a negative addition to their personal record. Examples of negative additions include information that may affect future employment, promotion, transfer, additional compensation or disciplinary action.
Furthermore, every employer must allow every employee the opportunity to inspect those records. An employee must receive a copy of their record within five business days of his request.
Gordon Law Group, LLP Represents Workers in Employee Records Retention Matters
When an employer is not adhering to its business record keeping requirements and refuses to provide its workers with the information they are legally entitled to receive, it may be indicative of other violations or systemic issues. Gordon Law Group, LLP advocates for workers and helps employees at all levels of their companies stand up for their rights to receive information.
If are being denied access to your pay records, or have not been receiving documentation of your pay, contact us today.
This information is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. While some may find this useful for understanding the basic issues and their legal context, it is NOT a substitute for experienced legal counsel and does not provide legal advice.
Please contact the team at Gordon Law Group to discuss your specific case.