Employer Recordkeeping Requirements
February 25, 2022
Employer Recordkeeping Requirements

Federal laws, such as the Federal Insurance Contribution Act, the Fair Labor Standards Act (FLSA), the Equal Pay Act and the Civil Rights Act, impose recordkeeping duties on employers. Recordkeeping duties include creating, updating and preserving information.

 

State law also imposes several recordkeeping requirements on employers. These laws operate in addition to, or in conjunction with, federal requirements. This Employment Law Summary provides an overview of various New York recordkeeping requirements that generally apply to all employers in the state. Additional requirements may apply for employers in certain industries.

 

APPRENTICESHIPS

Employers that sponsor apprenticeship programs must make and keep all records necessary to prove that their apprenticeship programs comply with all federal and state laws. These records must also be used to periodically evaluate each apprentice’s progress.

 

An apprenticeship program sponsor’s records must include:

 

•   The apprentice-to-journey-worker ratio;

•   A certification of compliance with applicable federal, state and local health and safety standards;

•   A description of the probationary apprenticeship period;

•   Apprenticeship program modification requests submitted to the New York Department of Labor (NYDOL), if applicable; and

•   Information on program processes, such as procedures to authorize wage increases, transferring apprentices to other programs or notifying apprentices of adverse actions.

 

For each apprentice, the sponsor’s records must also show:

 

•   The training provided (must be at least 144 hours per year provided by qualified training personnel);

•   The apprentice’s age (must be at least 16 years of age);

•   The skills apprentices are expected to and have actually learned (must be verified and signed at least monthly by the apprentice’s supervisor);

•   The amount of time required in each work process or rotation;

•   The placement and registration with the program;

•   Evidence of program completion (if applicable); and

•   A signed copy of the Apprenticeship Agreement (which must also be filed with the NYDOL).


 

CHILD LABOR

New York allows employers to hire minors between 16 and 17 years old to work in occupations for which they have completed an approved work training program. For these minors, employers must maintain records showing:

 

•   The name, address and age of the minor;

•   The date the minor entered and the minor’s attendance record for the approved work training program;

•   The number of hours the minor participated in the work training program;

•   The number of hours the minor received specific training in safety; and

•   The occupation and work processes for which a certificate of completion was issued.

 

In addition, employers must maintain accurate records of each minor’s employment-related injuries and illnesses, unless the injuries were minor and required only first aid treatment.

 

Additional recordkeeping requirements apply for employers that work with child performers.

 

UNEMPLOYMENT COMPENSATION

Employers must keep a true and accurate record of each employee’s:

 

•   Name and Social Security number;

•   The amount of wages paid per payroll period;

•   The beginning and ending dates of each payroll period; and

•   The total amount of employee wages subject to unemployment compensation contributions under state law.

 

These records must be maintained for at least three years.

 

WAGE AND HOUR

New York employers must create and maintain contemporaneous, true and accurate payroll records for

at least six years. For each employee, these records must show:

 

•   The number of hours worked each week;

•   The regular and overtime wage rates and how they are calculated (hour, salary, piece or other, unless exempt from overtime compensation);

•   The number of regular and overtime hours worked (unless exempt from overtime compensation);

•   The amount of gross wages paid;

•   An itemized list of deductions;

•   An itemized list of allowances claimed as part of the employee’s wage (if any);

•   The amount of net wages paid; and

•   The employee’s student classification, if applicable.


 

Personnel records for student-employees must include a statement from the employee’s school indicating whether the student-employee is:

 

•   Participating in an instruction program that will lead to a degree, diploma or certificate (or is completing residence requirements for a degree); and

•   Required to obtain supervised and directed vocational experience to fulfill curriculum requirements.

 

For employees who are paid a piece rate, payroll records must include the applicable piece rate (or rates) of pay and the number of pieces completed at each piece rate.

 

Employers are subject to misdemeanor charges if they fail to keep or falsify payroll records or hinder the NYDOL’s access to these records during an investigation. Potential penalties for a first offense include a fine of between $500 and $5,000 or imprisonment for up to one year. For second or subsequent offenses within a six-year period from the first offense, employers may face felony charges punishable by a fine of between $500 and $20,000, imprisonment for up to 366 days or both. Each date an employer fails to comply with these recordkeeping requirements is considered a separate offense.

 

Additional recordkeeping requirements may apply for:

 

•   The farming industry;

•   Domestic workers and household employees;

•   The hospitality industry;

•   Employers that allow their employees to participate in tip pooling; and

•   The building service industry.

 

WORKERS' COMPENSATION

Employers subject to the state’s workers’ compensation laws must keep the following true and accurate records.

 

IDENTITY, ORGANIZATIONAL AND OCCUPATIONAL RECORDS

•   Federal Employer Identification Number;

•   Business name (including certificates of assumed business names);

•   Business form (such as corporation, limited liability company or partnership);

•   Articles of incorporation or organization (including amendments to the articles, occupational license, trade licenses or certifications); and

•   A current list of the officers, partners or principals of the business.

 

EMPLOYMENT RECORDS

•   The number of employees;

•   Each employee’s name, Social Security number or other identifying number;

•   Each day, month, year or pay period worked by each employee;

•   Each employee’s classification;

•   A description of each employee’s general duties (must provide enough information for a proper employee classification);

•   The amount of wages paid or owed to each employee;

•   The method of payment used to calculate each employee’s wages;

•   Wage payment records;

•   The value of credits and allowanced claimed for each employee’s wages (tips, employer-provided meals, lodging or similar benefits);

•   Annual wage or earnings statements for each employee (including IRS Forms 1099 and W-2);

•   Any written contracts or agreements that describe the terms of employment;

•   Documentation of all and any employee accidents and injuries;

•   Tax records (federal, state and the New York State Department of Labor filings);

•   Financial account records (general ledgers and monthly, quarterly or annual statements of all opened or closed business accounts); and

•   Insurance coverage and eligibility records.

 

PENALTIES

Employers that violate these recordkeeping requirements may face criminal and administrative penalties. Criminal penalties include misdemeanor charges and fines of between $5,000 and $10,000 for failing to keep or falsifying these records. Second and subsequent violations can lead to class E felony charges and fines of between $10,000 and $25,000. Administrative penalties include a $1,000 fine for every ten-day period of non-compliance or a fine equal to twice the cost of compensation for the employer’s payroll for the period when the violation takes place.

 

In general, employers must maintain these records for a period of at least four calendar years.

 

EMPLOYEE INJURIES

Employers must record every injury and illness employees suffer in the course of employment on a form prescribed by the New York State Workers’ Compensation Board. This injury record must be kept for at least 18 years. The Workers’ Compensation Board does not require employers to file an injury or illness report, unless the injury or illness causes the employee to:

 

•   Miss a day of work beyond the shift or day when the injury or illness took place; or

•   Receive medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid.

 

Employers that refuse or neglect to keep employee injury and illness records may be charged with a misdemeanor, punishable by a fine of up to $1,000 and an additional administrative fine (imposed by the Workers’ Compensation Board) of up to $2,000.

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The Employer's Guide to 2026 Minimum Wage Updates

November 5, 2025
As we move into 2026, employers across many states and localities are preparing for significant minimum wage increases. Nearly 20 states and more than 40 local jurisdictions will raise their wage thresholds effective January 1, 2026. This poses important planning, budgeting, and compliance considerations, especially for mid-sized employers like those that partner with Simco, where payroll, HR, benefits and advisory services intersect. Below we’ve summarized key state and local minimum wage updates and outlined the steps you should take now to stay ahead of the changes and mitigate risk. State-Level Minimum Wage Increases (January 1, 2026) The table below highlights selected state increases scheduled for January 1, 2026.

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Administrative tasks like payroll, benefits, onboarding, and reporting can be handled efficiently by experts, while HR teams gain confidence that compliance requirements are being met. Most importantly, it frees internal HR to pivot from reactive, day-to-day tasks toward engagement, culture-building, and retention strategies. Outsourced HR support can scale with your business, providing additional expertise during busy periods, leaves of absence, or rapid growth phases. The impact is clear. Teams feel supported, employees feel heard, and the organization operates smarter, not harder. With the right outsourcing partner, a small HR team can act like a team of 10, and a team of five can perform like a team of 25, all while maintaining compliance and efficiency. Retention Starts With the Right Employee Experience When administrative burdens are reduced, HR teams can focus on creating meaningful experiences for employees. Transparent processes around pay, benefits, and policies build trust. Faster, more organized onboarding leaves a strong first impression. Access to modern self-service HCM tools empowers employees to manage their own information, reducing repetitive questions and improving engagement. By leveraging experienced HR professionals to handle gaps in internal processes, organizations can enhance overall employee satisfaction, ensuring every interaction, from onboarding to open enrollment, feels seamless and supportive. A Smarter Approach to HR Means a Stronger Business Across industries, companies are recognizing that HR outsourcing is no longer a luxury. It’s a strategic advantage. Organizations that adopt a blended model of technology and advisory support report measurable reductions in administrative workload, cost savings compared to maintaining fully in-house HR teams, and improved engagement for employees. Strategic HR outsourcing allows internal teams to shift from transactional tasks to big-picture initiatives, creating a more resilient, efficient, and high-performing workforce. At the end of the day, HR isn’t just a function; it’s the backbone of your organization. When it’s overextended, the entire business suffers. But with the right support, HR teams can focus on meaningful initiatives, employees feel more valued, and the business benefits from measurable ROI. Strategic HR outsourcing isn’t about replacing your team, it’s about empowering it. Your people, your culture, and your bottom line all benefit. Curious how Simco's HR Advisory services can help your business? Let's talk today.

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October 14, 2025
If you recently received notice that your Medicare plan, or Medicare Advantage plan, is being discontinued, you’re not alone. Across the country (and right here in New York), insurers are scaling back or exiting less profitable markets ( Kiplinger ). While this can feel stressful, there are steps you can take to make sure your coverage doesn’t lapse and to find a better plan for your health and budget. Why Are Plans Being Discontinued? A mix of financial pressure, federal reimbursement changes, and rising health costs is driving insurers to reduce their Medicare Advantage footprints: Some major insurers are cutting back or exiting entire counties. For example, UnitedHealth announced it will discontinue its Medicare Advantage presence in 109 U.S. counties in 2026, according to Reuters . Local carriers in New York are also making changes: MVP is dropping several plans, and CDPHP is eliminating certain drug-coverage options, the Times Union explains . These shifts are happening alongside tighter government funding and increased regulatory strain. Because insurers must absorb the extra cost of covering benefits while meeting regulatory caps (for example, on prescription drug out-of-pocket limits), some plans become financially unsustainable and are discontinued ( the Kaiser Family Foundation ). Steps to Take if Your Plan Is Discontinued Here’s how to act so you don’t lose coverage: 1. Review the notice you received carefully Your insurer is required to send you a non-renewal or discontinuance notice. It often includes deadlines, whether you can enroll through a Special Enrollment Period (SEP), and what options you have. 2. Note the relevant enrollment period The Annual Enrollment Period (AEP) runs October 15 to December 7, 2025 , during which you can switch Medicare Advantage or Part D plans. If your plan was discontinued, some notices allow you to select a new plan until December 31 without penalty. In limited cases, you may qualify for a Special Enrollment Period (SEP) following the discontinuation. 3. Research your options early Don’t wait until the last minute. Compare plans available in your area. Key things to look at: Provider networks: Will your doctors still be covered? Drug formularies: Does the plan cover your medications and at what cost? Premiums, deductibles, and out-of-pocket max: These can vary significantly. Benefit trade-offs: Some plans reduce supplemental benefits (vision, dental, wellness perks) when trying to maintain financial viability. 4. Enroll in the new plan Submit your enrollment by the relevant deadline (typically December 7 for the Annual Enrollment Period (AEP). However, If your plan was discontinued, you may have until December 31 to choose a new one without penalty). Make sure the new plan starts January 1 to avoid coverage gaps. 5. If your plan wasn’t discontinued, still review Even if your current plan remains active, benefits, networks, and costs often change each year. It’s wise to compare alternatives anyway, especially after insurer shake-ups. Why Timing & Support Matter Delays cost you: Failing to enroll by deadlines could mean losing drug coverage or being locked into a less ideal plan. Support can ease the burden: Licensed agents can help you compare side-by-side, explain trade-offs, and guide you through enrollment. You deserve the best match: Everyone’s health and financial needs differ. Don’t settle for the first available option unless it truly fits. How Simco Can Help At Simco, we understand the stress of sudden plan changes. Our licensed insurance advisors are ready to: Help you interpret your discontinuance notice Compare plan options available in your area Assist with enrollment paperwork Explain benefit trade-offs and cost implications You don’t have to navigate this alone. Whether your Medicare Advantage plan was discontinued or you’re simply exploring your options, our team is here to support you. Contact us today to schedule a 1-on-1 consultation, and let us help you find the plan that keeps you covered and confident in 2026 and beyond.

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