News & Analysis as of

Personnel Records

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

by Stoel Rives LLP on

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn...more

Former Employees Can’t View Their Personnel Files

by Barley Snyder on

Employers now can be confident in denying requests from former employees to inspect their personnel file after a recent Pennsylvania Supreme Court holding. In a recent case, an employer denied a request from a former...more

Discharged Employee Not an “Employee” Under Personnel Files Act

The Pennsylvania Personnel Files Act (also known as the Inspection of Employment Records Law), grants employees in Pennsylvania, or their designated agents, the right to inspect certain portions of their personnel records....more

Pennsylvania Highest Court Has Spoken: Former Employees Are Not Entitled to Inspect Their Personnel Files

Since January 6, 2016, almost 18 months ago, in accordance with a decision by the Commonwealth Court of Pennsylvania, employers in the state of Pennsylvania have been required to allow recently separated employees access to...more

PA Supreme Court Decides that Former Employees are Not Entitled to Review their Personnel File

When an employee is terminated, the first question they have is “why?” Employees in Pennsylvania who were not happy with the answer or who wanted to verify the explanation had the right, for a reasonable period of time after...more

Do You Know What Is The Most Important Document In An Employee’s Personnel File?

Pick an employee, any employee. The most important document in that employee’s personnel file – and in EVERY employee’s personnel file – is one you probably don’t give much thought to until the employee has left the job. It...more

Police Arrest Videos Not Considered Confidential

by Best Best & Krieger LLP on

The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

The Peculiar “Personnel-ity” of California Personnel File Inspection Laws

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then,...more

Legal Question of the Week – November, 2016 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: It is tough being a coach, as I know from personal experience. I was the boys basketball coach before getting this gig as principal. Given my experience, I like to give the coaches at my school advice...more

Hundreds to Thousands of Fort Carson Military Personnel Records Discovered on Dirt Road

At least hundreds, potentially thousands of files containing personal information were discovered by News 5 in Fountain Colorado along a dirt road, originating from Fort Carson. The files contained names, Social Security...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

by Best Best & Krieger LLP on

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

Fired employee’s Facebook post calling company “s—hole” showed dismissal for workplace outbursts, threat was indeed appropriate

by Dentons on

An employee who yelled and swore at a manager about a written test for a maintenance position, and a few days later took a gun out of a box in the company parking lot and “pumped it”, was fired for cause, an arbitrator has...more

New Colorado Laws Grant Employees Access to Personnel Files, Right to Pregnancy Accommodations

by Bryan Cave on

The Colorado General Assembly ended the 2016 session by passing significant employment legislation. In June 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432, granting employees access to personnel...more

New Colorado Law Requires Employee Access to Personnel Files

On June 10, 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432. Effective January 1, 2017, the new law will require private sector employers to allow employees to access their personnel files at...more

Five New State Laws Will Soon Affect Colorado Employers

by Fisher Phillips on

Colorado Governor John Hickenlooper recently signed five bills into law that will soon impact employers in a number of different ways. Employers who do business in the state will face a new legal framework with respect to...more

New Colorado Law Grants Employees Access to Personnel Files

by Jackson Lewis P.C. on

Colorado Governor John Hickenlooper has signed into law new requirements specifying when and how private-sector employers must respond to their employees’ requests for inspection and copying of their personnel files. Prior to...more

Colorado Grants Certain Private-Sector Employees the Right to Inspect Their Personnel Files

by Littler on

On June 10, 2016, Governor John W. Hickenlooper signed Colorado House Bill 16-1432, Personnel Files Employee Inspection Right (the “Bill”), into law.  The Bill, which provides certain current and former private-sector...more

Colorado Governor Signs Bill That Gives Employees Right To Review Their Personnel File

by Ballard Spahr LLP on

A bill requiring Colorado private employers to provide requesting employees with access to inspect and copy their personnel files at least annually has been signed by Governor John Hickenlooper. The bill defines "personnel...more

Managing Requests for Access to Personnel Records

by Zelle LLP on

These days, employee information is stored in many different places. We’ve got emails, HR files, desktops, desktop folders, employer-owned HR systems, cloud-based HR systems, manager files, health and leave files and...more

How to Conduct a Data Inventory of Your Human Resource Records

by Bryan Cave on

Some of the largest data breaches in recent years involved the loss of employment records. Knowing the type of data that a human resource department collects, where it is being held, with whom it is being shared, and how it...more

Defendants Find Relief from Burdensome Discovery Requests

by Morrison & Foerster LLP on

Litigation often involves lengthy battles over the proper scope of discovery. Defendants with substantial resources frequently find themselves on the receiving end of unreasonable discovery requests in an attempt to overwhelm...more

Disproportionate Discovery, Even in an MDL

by Reed Smith on

Here’s a significant post-rules-amendments discovery decision out of the Xarelto MDL. In In re Xarelto (Rivaroxaban) Products Liability Litigation, 2016 WL 311762 (E.D. La. Jan. 26, 2016), the court (Fallon, J.) cited both...more

Illinois Supreme Court Rules Educational Employers Are Not Required to Arbitrate “Do Not Hire” Designation

by Franczek Radelet P.C. on

When the Chicago Board of Education refused to arbitrate grievances concerning its “do not hire” policy, it did not violate the Illinois Educational Labor Relations Act according to the Illinois Supreme Court. This case...more

Employee Health Information: Separate and Secure

by Zelle LLP on

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

How long do I keep applications?

by McAfee & Taft on

Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that...more

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