Do we need new record-retention rules now that the Ledbetter law has been enacted? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Do we need new record-retention rules now that the Ledbetter law has been enacted?

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Q.  I keep hearing that the Ledbetter Act means we may need to hold onto documents about employees beyond our current retention policies. What do we need to do to make sure our document-retention policies comply with the law?

A. The Lilly Ledbetter Fair Pay Act of 2009 amended Title VII to clarify the issue of whether each paycheck that results from an allegedly discriminatory pay decision or practice triggers a new charging period for the aggrieved employee.

The 2007 Ledbetter Supreme Court decision held that the charge had to be filed within the relevant period after a discriminatory act. The Ledbetter Act reverses that rule and establishes that the charging period for claims based on a discriminatory pay decision or practice begins anew from the date of each new paycheck.

Although the state of the law is still unsettled, it is at least clear that the Ledbetter Act doesn’t obligate employers to hold onto employee documents any longer than the relevant statutes and reasonable document-retention policies would require.

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