Conway Love, PLLC (c) 2013 Rosemary Weaver McKenna, Esq. 1
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1 Conway Love, PLLC (c) 2013 Rosemary Weaver McKenna, Esq. 1
2 The legal advice included in this seminar is subject to appropriate analysis and application to the particular circumstances which are presented by a client. Attendees at this seminar do not constitute clients of the firm without a separate engagement letter. (c) 2013 Rosemary Weaver McKenna 2
3 Why do we keep records? (c) 2013 Rosemary Weaver McKenna 3
4 Terms for today Records management How you organize your records so you can find documents when you need them. Record retention How you keep the mountain of paperwork under control and effectively purge unwanted/unneeded records. (c) 2013 Rosemary Weaver McKenna 4
5 What we will cover Overview of types of records to be addressed in your records management process and record retention policy Paper and electronic document filing protocols to be addressed in your records management process Treatment of privileged or confidential documents in your records management process (c) 2013 Rosemary Weaver McKenna 5
6 What we will cover (continued) Considerations for retention timeframes in your record retention policy Items that should be routinely destroyed Archiving considerations Paper vs. electronic Organization and implementation Document destruction protocols (c) 2013 Rosemary Weaver McKenna 6
7 Electronic records Paper records Records relating to the various stages of the HR process: Pre-employment Course of employment Post-employment records Records relating to restrictive covenants (c) 2013 Rosemary Weaver McKenna 7
8 Employee handbooks Personnel documentation Other items: All hands s Staff meeting agendas Company wide memos (c) 2013 Rosemary Weaver McKenna 8
9 There may also be state or federal laws that require you to maintain certain types of records: Credentialling records for health care employees (immunizations, etc.) OSHA ERISA HIPPA (c) 2013 Rosemary Weaver McKenna 9
10 Basics Need effective and consistent protocols that everyone can (and does) follow a universal recordkeeping and archiving system Records management needs to be monitored and updated Apply timeframes that relate to the different functions within your business (operations, HR, accounting) (c) 2013 Rosemary Weaver McKenna 10
11 Paper and Electronic Records Do both have to be saved? What is saved, what is immediately (or almost immediately) discarded? s Received and sent s should be treated the same How are attachments filed? Common filing protocols universal system (c) 2013 Rosemary Weaver McKenna 11
12 Example of common filing protocols: By Department: HR, Finance, Operations/Administration, Sales, Marketing/Business Development, Purchasing, Company Governance By Category: HR: Vendor Agreements Employment Records Meeting Minutes Correspondence Notes Research Training Materials Privileged/Confidential Documents (c) 2013 Rosemary Weaver McKenna 12
13 Example of common filing protocols (cont d): By subcategory: Vendor Agreements By contracting party By type of agreement Employment Records Current employees, by last name Terminated employees, by last name and date of termination Meeting Minutes By type of meeting and/or date Research By topic Training Materials By topic and/or date (c) 2013 Rosemary Weaver McKenna 13
14 Treatment of Privileged/ Confidential Records Segregate attorney s Archive materials provided or received under CDAs/NDAs Pay attention to personally identifiable information in releasing HR records (c) 2013 Rosemary Weaver McKenna 14
15 Other considerations: Paper vs. electronic archives Organize archives for access and eventual destruction Backup/destroy when updating servers and other electronic systems Cloud servers Dump days! (c) 2013 Rosemary Weaver McKenna 15
16 Timeframes: Basic employee records: 6 years Hiring records: 2 years Tax records: 4 years Pension/COBRA records: 6 years I-9: later of 3 years from date of hire or 1 year from date of termination (c) 2013 Rosemary Weaver McKenna 16
17 Review of Sample Policies: Categories of records Level of detail may vary Specify retention periods for each category Outline retention and destruction procedures (c) 2013 Rosemary Weaver McKenna 17
18 Review of Sample Policies: Confidential/privileged documents to be addressed Legal holds may be addressed May want to specify format to be used for retaining records Remember: Any policy is only useful if it is enforced! (c) 2013 Rosemary Weaver McKenna 18
19 Procedures for disposal of documents: Scheduling Shredding Original documents Certification logs Notice of litigation holds (c) 2013 Rosemary Weaver McKenna 19
20 Litigation Holds: Terms E-discovery Spoilation What is the issue? What are the penalties? What should a litigation hold include? (c) 2013 Rosemary Weaver McKenna 20
21 (c) 2013 Rosemary Weaver McKenna 21
22 And please let me know if you have questions: Rose McKenna Phone: (c) 2013 Rosemary Weaver McKenna 22
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