By Stephen Bruce, PhD, PHR
Just My E-pinion
Scanned documents are legal, says attorney Catherine Moreton Gray, but you must be careful and consistent in your procedures if you want to be sure they’ll hold up in court.
Gray, an attorney with Robinson & Cole in Hartford, Connecticut, answered HRDA’s questions during a recent interview. She will be a featured speaker at BLR®‘s upcoming National Employment Law Update.
HRDA: What’s required to make scanned documents stand up in court?
Gray: The most popular way of handling document storage today is to execute documents in hard copy and then scan and store electronically. This system works well, as long as you:
- Establish and follow procedures to be sure that scanning and subsequent digital storage is done accurately
- Follow a consistent approach with what and how you scan and store
- Insure that you can retrieve documents that are needed to respond to agency and court requests.
The other approach to digital document storage is to invest in software and hardware that allows for documents to be executed and signed electronically. This requires a bigger investment and very careful procedures that establish the authenticity of the electronic signature. Although these electronic signatures are legal, there is always the chance that the person who signed will say, “Someone must have gotten into my computer and stolen my authentication passwords.”
As far as using e-mails for important documents, I recommend against it. E-mail records have some force, when there is a push of a button to acknowledge receipt or an e-mail reply that shows the employee saw the document. However, this is subject to the same problem mentioned above—the person says, “Someone hacked into my computer and sent that reply.”
So that’s an edge for executing in hard copy; you’ve got a record of the handwriting.
Up to speed on all the changes in 2010? Ready for 2011? You will be if you join us for the 2010 National Employment Law Update conference. Early Bird Discount ends August 31! Click for more details.
HRDA: Are There Any Documents that Should Be Kept in Hard Copy?
Employers should maintain individual employment contracts, severance agreements, non-compete agreements and similar documents in hard copy.
HRDA: What Particular Recordkeeping Suggestions Do You Have for Employers?
Employers should review their retention policies in view of the recent Lily Leddbetter Fair Pay Act. This effectively extends the statute of limitations for filing suits and means that employers need to keep records longer.
Government contractors in particular should check their recordkeeping practices, since the OFCCP has become very active. They are specifically examining outreach efforts to hire veterans. So do your outreach, and keep careful records.
Go back and check your applicant flow records as well. No reason not to keep your records in a way that shows you in the best light.
Review your independent contractor arrangements. This is a problem when the feds decide your independent contractors are actually employees, and you don’t have any time records for them.
Review basic recordkeeping practices. I’m seeing employers with no records, employers who are paying non-exempts a fixed salary for a 40-hour week with no records of breaks or mealtimes, and other types of blatant bad recordkeeping. That’s not even showing good faith in your recordkeeping efforts.
Gray, an attorney with over 20 years of human resource and employment law experience, will bring her expertisetoBLR’s National Employment Law Update conference this fall, to be held at the famous Venetian in Las Vegas from October 27-29.
She’ll be addressing the latest developments and practical tips for “management’s least favorite job—recordkeeping.” But you have to do it right, she says, or it can get very expensive.
In addition to Gray’s presentation, you’ll choose from other presentations of practical solutions from other experts on the topics that are important to you. Plus, you’ll have the opportunity to network with your peers, obtain valuable HRCI recertification credit, and enjoy all that Vegas has to offer from your convenient home base at the Venetian.
For more information, or to register, click here. Space is limited, so don’t delay.
Sampling of presentation topics:
- Keynote Address: Leading Your Organization to Professional Paradise and Beyond
- Legislative Update: The Federal Laws, Regulations, and Court Cases You Need To Know About
- When the Words Get in the Way: Legal, Effective Scripts for Terminations and Other Tough Topics
- HR Metrics and the Bottom Line: How To Claim Your Seat at the Table
- Social Media and the Workplace: What Every Employer Should Know
- Human Resource Information Systems (HRIS): A Strategic Perspective
- Skit by the “BLR Players”—informative, entertaining, highly unexpected…see a whole other side of your expert speakers!
- Early-bird session on a red-hot topic to be announced closer to the conference date
- Recordkeeping: What To Keep, What To Toss, and What To Scan
- How To Engage and Retain Your Stars
- Prevent Off-the-Clock Work and Time Thievery
- Strategic Planning for HR Professionals: Innovation, Alignment, and Organizational Success
- HR Horror Stories Open Mic: Share your most outrageous tale of woe with a sympathetic audience of your peers…best story wins a prize!
Take the Whole Conference Home in Your Pocket
Attendees get to take home all of the main conference materials on a tiny thumb drive—good for both the environment (the trees are happy) and your back (no bulky binder to lug home). Plus, since we’re doing two learning tracks, you’ll be able to review the materials for the sessions you don’t attend at your leisure back home.
You Can’t Do It On Your Own
You can keep up-to-date with all the newspapers and trade journals you can get your hands on—they don’t explain how to apply the information about new laws and regulatory changes.
But we do.
First of all, our workshops run for three full hours, and our conference sessions last an in-depth hour and a half—plenty of time to get into the real nitty-gritty of what you need to know, with time to get your questions answered.
Second, all sessions assume a high level of pre-existing knowledge and are designed for the experienced HR professional who wants to stay on the cutting edge of the profession. We won’t waste your time on basic review or stale news.
Health Care, FMLA, FLSA, ADA? Big changes this year and more to come in 2011. Get up to speed. Join us for the 2010 National Employment Law Update conference. Early Bird Discount ends August 31! Click for more details.
Our instructors—top employment lawyers and HR experts from all around the country—know the ins and outs of the law in these areas, including the up-to-the-minute changes you need to be on top of.
This conference presents a unique opportunity to learn from both these experts and your peers in an intensive setting—and get answers to the specific questions that have been keeping you up at night.
Don’t miss your chance … register today. But don’t delay—space is limited. We start a wait list when we’re full up, but we can’t guarantee that we’ll be able to take anyone from it. Sign up nowand claim your spot.
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