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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5 Questions to Ask About Your 401(k) Administration Process

May 15, 2026
For many employers, managing a 401(k) plan has become more time-consuming than expected. What should feel like a straightforward administrative process often turns into ongoing coordination between payroll systems, retirement providers, HR teams, and compliance partners. The challenge usually is not the retirement plan itself. More often, the friction comes from the systems and processes supporting it. Manual uploads, delayed updates, repeated reconciliation work, and disconnected data flows can quietly create extra administrative burden over time. Because these issues develop gradually, many organizations begin treating them as “just part of the process.” But they do not have to be. As retirement administration continues to evolve, employers are taking a closer look at the operational side of their plans and asking whether their current processes are truly efficient, scalable, and aligned. Here are five questions worth asking about your organization’s 401(k) administration process. 1. Are We Still Manually Uploading Payroll Files? One of the most common inefficiencies in retirement administration is still surprisingly widespread: manually extracting payroll data and uploading files from one system to another every pay period. While this process may seem manageable, it creates unnecessary administrative work and introduces opportunities for error. Payroll teams often spend time formatting files, validating contribution data, and confirming whether updates were successfully processed. Over time, those extra steps add up. Modern payroll integrations can automate much of this process by securely transferring contribution, eligibility, and employee census data directly between systems. That reduces repetitive manual work while helping ensure retirement information stays current and accurate. If your team still relies heavily on manual uploads each pay cycle, it may be worth evaluating whether your current process is creating more administrative lift than necessary. 2. How Many Systems Need to Be Checked to Confirm an Update Went Through? This is where many employers begin to feel the operational strain of disconnected systems. An employee updates their deferral amount. A payroll change is processed. A loan repayment adjustment is made. Then someone has to verify whether the update actually flowed correctly between platforms. In environments where systems are not fully connected, HR and payroll teams often become the “checkpoint” between vendors, manually confirming updates and troubleshooting discrepancies after the fact. This is also where the difference between one-way and two-way integrations becomes important. A one-way, or 180° integration, typically sends payroll information outward to the retirement provider but does not automatically sync updates back into the payroll or HCM system . A two-way, or 360° integration, allows updates to move between systems automatically, helping reduce duplicate work and missed changes. The less time teams spend double-checking systems, the more time they can spend supporting employees and broader business priorities. 3. Could We Easily Pull Accurate Data for Compliance Testing and Reporting? Retirement plans operate within a highly regulated environment, and compliance depends heavily on accurate, timely data. Annual testing and reporting often require employers to provide detailed information including compensation data, contribution amounts, hire dates, demographic information, eligibility records, and more. For organizations using disconnected systems, collecting that information can become a time-intensive process. Missing fields, outdated data, or formatting inconsistencies often lead to repeated file requests and last-minute corrections during annual testing periods. This creates stress not only for HR and payroll teams, but also for plan administrators, TPAs, and recordkeepers responsible for maintaining compliance standards. Integrated payroll and retirement systems help streamline this process by automatically capturing and syncing data throughout the year, improving visibility and reducing the need for manual data gathering when reporting deadlines approach. 4. How Much Time Is HR Spending Fixing Preventable Errors? Many retirement administration issues do not start as major problems. More often, they begin as small discrepancies that require manual follow-up, whether it is a contribution that does not align with payroll data, an incorrect eligibility date, a delayed deferral update, or an incomplete census file. On their own, these issues may seem relatively minor. Over time, however, they create a significant amount of reactive work for HR and payroll teams that are left validating information, correcting inconsistencies, and coordinating between systems and providers. What makes this especially frustrating is that many of these issues are preventable. They are often the result of disconnected systems, delayed synchronization, or processes that rely too heavily on manual intervention. When teams spend large portions of their time validating data, reconciling discrepancies, and coordinating between providers, it becomes harder to focus on strategic priorities like employee engagement, workforce planning, and benefits strategy. Reducing friction behind the scenes can have a meaningful impact on both operational efficiency and the employee experience. 5. Is Our Current Process Built to Scale as We Grow? Processes that work for a smaller workforce can quickly become difficult to manage as an organization grows. More employees mean more payroll activity, more contribution data, more eligibility tracking, and more opportunities for inconsistencies across systems. Without connected infrastructure, administrative complexity tends to grow alongside headcount. That is why many employers are reevaluating whether their current retirement administration processes are sustainable long term. The goal is not simply to “manage” the workload, but to create systems that scale efficiently without increasing manual effort at the same pace. Connected payroll, HR, and retirement systems can help organizations reduce administrative burden, improve accuracy, and create a more streamlined experience for both employers and employees. A More Connected Approach to Retirement Administration A well-run 401(k) plan should not require constant oversight to function smoothly. When payroll, HR, and retirement administration systems work together, organizations gain better visibility into data, fewer manual touchpoints, improved reporting efficiency, and greater confidence in their processes overall. At Simco , we help employers simplify workforce management by aligning payroll, HR, benefits, and retirement administration through more connected systems and support models. For organizations evaluating their current retirement administration process, sometimes the most valuable first step is simply asking the right questions. Looking Ahead Retirement administration will likely continue becoming more data-driven, integrated, and compliance-focused in the years ahead. Employers that take time now to evaluate how information flows between payroll, HR, and retirement systems will be better positioned to reduce operational friction, support employees more effectively, and scale with greater confidence over time.

Finger Lakes Homeowners: Is Your Insurance Ready for Spring and Summer Storms?

April 27, 2026
Living in the Finger Lakes, especially throughout Canandaigua and Ontario County, offers a quality of life that is hard to match. The lakes, the landscape, and the changing seasons are part of what makes this area special. Those same characteristics, however, also create very specific risks to your home and property. Many of these risks are not fully understood until a loss occurs. This overview is meant to help bring clarity before that happens. Heavy Rain and Flooding: A Common Misunderstanding Spring in our region often brings a combination of heavy rainfall and saturated ground, sometimes alongside lingering snowmelt. When the ground can no longer absorb water, it finds its way into basements and lower levels. What many homeowners do not realize: • Standard homeowners insurance does not cover flood damage • Sewer or drain backup coverage is not automatically included • Even minor water intrusion can result in significant repair costs Flooding remains one of the most common and misunderstood gaps in coverage. Summer Storms and Wind Damage Severe weather events have become more frequent and more intense in recent years. Across the Finger Lakes, we regularly see: • Trees falling onto homes or structures • Roof and siding damage from high winds • Power surges impacting appliances and electronics While many of these losses are typically covered, there are important considerations: • Tree removal coverage is often limited • Poorly maintained trees can create complications in claims • Deductibles may be higher than expected, especially for wind-related losses Tornado Activity in Upstate New York Tornadoes are not something most people associate with our region, but they do happen in upstate New York. They are often smaller in scale, but still strong enough to damage roofs, garages, sheds, outbuildings, and surrounding property. In many cases, tornado-related damage is covered under a standard homeowners policy. The bigger concern is whether homeowners have reviewed their limits, deductibles, and property details before a loss occurs. Hail Damage: Often Overlooked Hail damage does not always present itself immediately. Over time, it can: • Compromise roofing materials • Reduce the lifespan of your roof • Lead to leaks or structural issues later on An important detail many homeowners are unaware of: some policies now settle roof claims based on actual cash value rather than full replacement cost, which can significantly reduce claim payouts. Lakefront and Hillside Exposures The natural features that define the Finger Lakes also introduce unique risks: • Shoreline erosion • Slope instability • Ground shifting following heavy rain It is important to understand: • Land itself is not insurable • Earth movement, including landslides, is typically excluded These are among the most significant uncovered exposures in our area. Lightning and Power Surges A single storm can damage electronics, appliances, and home office equipment. While coverage may apply, it is often subject to policy limits, deductibles, and specific conditions. If you work from home or rely on expensive electronics, it is worth reviewing how your policy handles power surge damage before you need to file a claim. What Homeowners Often Learn Too Late After working through claims with families across the region, a consistent pattern emerges: “I thought that was covered.” “No one explained that to me.” “I wish I had reviewed this sooner.” Insurance is not just about having a policy in place. It is about understanding how that policy responds in real-world situations. A Local Approach to Reviewing Your Coverage As part of the Finger Lakes community, we believe homeowners should have a clear understanding of their coverage before they need to rely on it. We offer straightforward, no-pressure coverage reviews that include: • A clear explanation of your current policy • Identification of potential gaps based on local risks • Honest answers to your questions • Guidance on whether any adjustments make sense for your situation Looking Ahead Seasonal weather in the Finger Lakes is predictable in one sense: it will come. The better question is whether your coverage reflects the realities of where you live. Taking the time to review now can help ensure you are prepared when it matters most.

Financial Literacy Month: Why Employers Play a Bigger Role Than They Think

April 9, 2026
April is Financial Literacy Month, and most of the conversation tends to focus on individuals. Budgeting, saving, managing debt, planning for retirement. All important topics, but often framed as personal responsibilities. What gets overlooked is how much of an employee’s financial life is shaped at work. From how pay is structured, to how benefits are communicated, to whether retirement options are understood or even used, employers have a direct influence on how confident and informed employees feel about their finances. It is not always intentional, but it is significant. Where Financial Literacy Shows Up at Work For many employees, the workplace is the primary place where financial decisions are made or reinforced. Think about what flows through an employer: Paychecks and how they are calculated Tax withholdings and deductions Health insurance contributions Retirement plan participation and employer match Bonuses, commissions, and variable compensation These are not small details. They are the building blocks of how employees understand their income, manage expenses, and plan for the future. When those elements are clear and easy to navigate, employees tend to feel more in control. When they are confusing or inconsistent, it can lead to frustration, disengagement, or avoidable financial stress. The Reality: Many Employees Are Still Guessing Even in well-run organizations, it is common for employees to have gaps in understanding. Questions like: “Why did my paycheck change this period?” “What exactly is being deducted from my pay?” “Am I contributing enough to my 401(k)?” “How does my health plan actually impact my out-of-pocket costs?” These are not uncommon, and they are not always asked out loud. When employees are unsure, they often make assumptions or avoid decisions altogether. That might mean underutilizing benefits, delaying retirement contributions, or feeling less confident about their financial situation overall. Why This Matters More Than It Seems Financial literacy is not just a personal issue. It has a direct impact on the workplace, and employees who feel financially uncertain are more likely to: Experience stress that carries into the workday Be distracted or less engaged Delay important decisions like retirement planning Ask more reactive questions that take time to address On the other hand, when employees understand how their pay and benefits work, there is a noticeable shift. Communication becomes easier. Trust increases. Fewer issues escalate into larger problems. It is not about expecting employees to become financial experts. It is about creating an environment where information is clear and decisions feel manageable. Where Employers Have the Most Influence Employers do not need to overhaul their entire approach to make an impact. In many cases, financial clarity improves when existing processes are just a little more intentional. A few areas tend to have the biggest influence: Payroll Transparency Pay statements should be easy to read and consistent. Employees should be able to quickly understand their gross pay, deductions, and net pay without needing to ask for clarification every time something changes. Even small improvements in how payroll information is presented can reduce confusion. Benefits Communication Open Enrollment is not the only time benefits need explanation. Employees often need reminders and context throughout the year. Clear explanations around what plans cover, how contributions work, and how to use benefits in real scenarios can make a meaningful difference. Retirement Plan Engagement Offering a retirement plan is one thing. Helping employees understand how to use it is another. Employers who provide basic education around contribution levels, employer match, and long-term impact tend to see stronger participation and better outcomes. Consistency Across Systems When payroll, benefits, and HR systems do not align, employees feel it. Conflicting information or multiple places to find answers creates friction. Even if the underlying services are strong, the experience can feel disjointed if everything is not connected. Financial Literacy as a Workplace Advantage Financial Literacy Month is a good reminder that supporting employees in this area is not just a benefit. It is part of how a business operates. Employers who prioritize clarity tend to see:  Fewer payroll and benefits questions More confident employees Better utilization of offered benefits Stronger overall engagement It does not require a complete redesign. Often, it is the result of tightening communication, simplifying access to information, and making sure systems are working together. At Simco, this is something we see regularly. When payroll, HR, benefits, and retirement services are aligned, it becomes much easier for employers to provide a clear and consistent experience without adding more administrative burden. A Few Practical Steps to Start With If Financial Literacy Month is a prompt to take action, it does not need to be complicated. A few focused steps can go a long way: Review a sample of employee pay statements and ask if they are easy to understand at a glance Look at how benefits information is shared outside of Open Enrollment and where there may be gaps Check that retirement plan details, including employer match, are clearly communicated and easy to access Identify whether employees have one clear place to go for payroll, benefits, and HR information Ask managers or HR team members what questions they are hearing most often from employees These are simple starting points, but they often reveal where clarity can be improved. Looking Ahead Financial literacy does not need to be a separate initiative. It is already built into the way employers manage pay, benefits, and communication. April is a good reminder to take a closer look at how those pieces are working together. When employees understand their finances at work, they are more confident, more engaged, and better positioned to make informed decisions. That benefits both the individual and the organization over time.

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