An official website of the Tennessee Secretary of State.
Core Data
RDA Number
11147
Effective Date
Record Series Abstract
This record series contains information and documentation obtained in conjunction with Labor Standards investigations of the Child Labor Act, Wage Regulations Act, Tennessee Lawful Employment Act, and Non-Smoker Protection Act. This record series is generated from Labor Standards inspections performed in the field by Labor Standards Inspectors and maintained both in paper and electronic format. Documentation may include wage complaints, notarized statements from claimants, notarized statements from Employer, correspondence, Inspection reports, 15 day request for information letter, 7 day request for information letter, certified letters, penalty orders, initial orders, final orders, first past due notices, second past due notices, letter to the Attorney General\'s office for collections or bankruptcy, receipt of payment letters, and/or closing reports.
Record Series Active
Yes
Cut Off at End of
Other
If Other, Explain
Cut off at end of investigation and administrative process relating to investigation, unless there is pending litigation - then, if pending litigation, cut off is at end of litigation.
Total Retention Years
5
Total Retention Months
0
Retention End Action
Destroy
Disposition Notes
Records are maintained for five (5) years with paper copies after completion of the Labor Standards investigation. After five (5) years, the records may be destroyed unless there is pending litigation. If pending litigation, the records may be destroyed five (5) years after the conclusion of the litigation process. The records will be stored at 220 French Landing Drive, Floor 2B, Nashville, TN 37243. Inspectors\' reports are generated on the Labor Standards Computer Program, but a paper copy is printed off and maintained in paper format. The current size of the Labor Standards database at the present time is approximately 110MB.
Worksheet
Record Location
Labor Standards Unit - 220 French Landing Drive, Floor 2B - Nashville, TN 37243
File Arrangement
Alphabetical according to Fiscal Year
Media Format Generated
Paper
Media Format Stored
Paper
Date Range
to
Allotment Code
337.06
Annual Accumulation
12 cu. ft.
Current Volume
70 cu. ft.
Record Value
Administrative
Legal
Audit Requirements
State
Information Shared Outside the State
No
Essential Record
Yes - Duplicate
Essential Record Stored
Labor Standards Unit - 220 French Landing Drive, Floor 2B - Nashville, TN 37243
Essential Record Media Type
Paper
Confidential
No
Does this Record Series Contain Sensitive Information?
No
Agency Retention
5 years
Retention Legal Citation
T.C.A. Sections 50-2-103, 50-5-101, 50-5-112, 50-1-701, 50-1-703, 39-17-1801, and 39-17-1806. Retention period - Five (5) years per policy of State Audit
Electronic Records Plan Inventory
System Name
SmartSearch
Hardware Description
The SmartSearch application resides in the VMWare shared environment at STS\'s Data Center South. The application is accessed via a client that is installed on the desktop of the users. The Desktops all have the Windows 7 Operating System.
Software Description
The SmartSearch application resides in the VMware shared environment at STS\'s Data Center South. The application is accessed via a client that is installed on the desktop of the users. The Desktops all have the Windows 7 Operating System.
System Location
STS Data Center South, Smyrna, TN
Backup Procedures
Standard STS Data Center back up procedures are in place. Backups are taken nightly and stored on-site until weekly back up is taken to Iron Mountain back up storage facility.
Disaster Recovery
The SmartSearch application resides at the Data Center and is backed up nightly. Backups are stored off-site weekly. Bronze Level Disaster Recovery is used for SmartSearch. Recovery in a disaster could take between one (1) to three (3) weeks.
Data Migration Description
The SmartSearch data resides in an SQL database located at the Data Center. If there were a need for migration, it could be done by a DBA and the SmartSearch System Administrator.
RDA Comments
Records Management Division (RMD)
01-07-2016
Please clarify cut off and business process. Please research any federal audits if available. Update 1-14-16: agency clarified the cut of and business process.
Tennessee State Library and Archives
01-07-2016
TSLA concurs with RMD comment. Update 1-19-16: TSLA concurs with changes provided by agency.
Comptroller Audit Review
01-07-2016
Audit concurs with RMD comments.
Agency Records Officer
01-13-2016
The cut off period is at the conclusion of the investigation and administrative process. As a result of the investigation, correspondence is sent by administrative staff to the employer if the investigation shows that the employer is non-compliant. Penalties may also be assessed against non-compliant employers. The administrative process is concluded either by (1.) the employer paying the penalty, (2.) a warning being issued against the employer, or (3.) a contested case hearing being conducted. After one (1) of these events occurs, a closing report will be created to close the file and complete the administrative process. The records are then stored primarily in paper format but also scanned and stored electronically in the SmartSearch computer system for five (5) years. The records are stored in alphabetical order according to the fiscal year in which the investigation was conducted. There have been no federal audits.
RMD Director
01-19-2016
RDA 11147 is a request for a new RDA. The retention period will be five years and destroy. The format will be in paper. Electronic copies may be generated but the agency is indicating that the paper record will be the primary format. Recommend approval of request to create RDA 11147.
Public Records Commission
02-25-2016
PRC approves RDA 11147.