California Employment News: Understanding the Basics of Employee Personnel Files (Featured Podcast)
California Employment News: Understanding the Basics of Employee Personnel Files (Featured)
Podcast: California Employment News - Understanding the Basics of Employee Personnel Files
California Employment News: Understanding the Basics of Employee Personnel Files
There continues to be a steady increase in subpoenas seeking claims files and human resources or personnel files from applicant’s counsel. Receiving and responding to subpoenas can be burdensome and costly, especially for...more
Unless the California legislature acts soon, the scope of information subject to the California Privacy Rights Act (“CPRA”) will include all employee or human resource-related personal information on January 1, 2023. To date,...more
The old saying went that “if you don’t want it on the front page of the newspaper, don’t put it in an email.” Well, if you don’t want to produce it as part of an employee’s Data Subject Access Request (DSAR), it shouldn’t be...more
Get ready, large employers. After years of amendments exempting the personal information of employees and other personnel from the California Consumer Privacy Act (“CCPA”), covered employers now have a firm deadline by which...more
Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more
Q: I have a young employee. Her mother just called and wanted to talk to me about her work performance and also to get a copy of her personnel file. What am I supposed to do?...more
Q: If an employee quits and applies for jobs with other employers, do I have to provide a reference or share information in their personnel file? A: In general, as part of the reference process, you are not required to...more
Q: I have an employee who just quit and decided to take her personnel folder with her. Is this ok? A. In general, no. It is not appropriate for the employee to simply take the original copy of the personnel file with them...more
The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more
Q: I fired an employee last week and now they have shown back up and want a copy of their personnel file. Do I have to give it to them?...more
The H-1B sponsorship process under the Trump Administration has become more difficult than ever, especially within the IT staffing space. This timely webinar addresses common pitfalls and missteps facing technology staffing...more
Much has happened since the European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Many EU countries have enacted national legislation to implement and expand the requirements of the...more
Small to medium-sized businesses really need to be up to date with human resources issues that include 401(k) plans. Employers can get into trouble with the Department of Labor just by placing their I-9 forms in an employee’s...more
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
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
Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more
All employers should be aware of the specific laws and regulations pertaining to employee personnel files. Pursuant to the Pennsylvania Personnel File Act, medical information should not be included in an employee’s personnel...more
In a recent meeting between the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the American Immigration Lawyers Association, the OSC cautioned that...more
On January 29, 2014, the Mayor of Newark, New Jersey signed into law an Ordinance requiring employers to provide paid sick leave to their employees, effective May 29, 2014, or, for employees who are covered by a collective...more
Careful recordkeeping and retention practices in the employment context are required by various federal and state laws, not to mention, essential to protect an employer's interests and limit its liability in the event of an...more
On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more
Executive Summary: Following Jersey City's lead, New Jersey's largest city is poised to enact an ordinance that would require employers to provide up to 40 hours per year of paid sick time to Newark employees. ...more
The New York City Pregnant Workers Fairness Act (“NYC PWFA”), which takes effect January 30, 2014, requires New York City employers with four or more employees to provide reasonable accommodations for pregnancy, childbirth,...more
In late 2012, the New Jersey Legislature enacted N.J.S.A. 34:11-56.12 to require employers with 50 or more employees to post a notice informing employees of the right to gender equity in pay, compensation, benefits, or other...more
As we previously reported (see the Act Now Advisory titled "New York City Human Rights Law Expanded to Require Employers to Reasonably Accommodate Pregnant Employees"), on October 2, 2013, former New York City Mayor Michael...more