California law employee files

You can gather a variety of information about applicants for employment. Growing concern over the possession of this data has contributed to development of laws governing the privacy of employer records.

Access to this confidential file should be granted only to those people in your organization who have a legitimate need to know the information. Follow the instructions below to add a shortcut to a website on the home screen of your iPad, iPhone, or Android devices. What Happens if the Inspector Finds a Violation? State and Federal law requires that employers keep medical information obtained about employees separate from the employee personnel file.

For example, California Regulations require that:. Employers have the burden to record and maintain accurate time records under California law. If the employer knows employees are not properly recording their time, the employer needs to enforce a policy to have employees accurately record their time, even if it requires disciplinary action. Employers need to review their time records to ensure employees are following proper procedures.

Some issues employers need to watch for include:. Is there one person with full knowledge of the employment policies implemented by the company? Institutional knowledge about the various policies put into place by the company, when they were implemented and why they were implemented is critical knowledge. Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred and executive members.

Staff Contact: Erika Pickles. Friday, January 14, CalChamber Alert. Helpline Labor Law Corner. Payroll records and time cards should be retained for a minimum of three years after termination, in order to assess any pay issues that come up post-employment.

Health and pension benefits information : Employers should retain their benefit plan documents for at least six years after those benefits are revised or are no longer in effect. The law does not specify a time period of retention for benefit plan documents, but the plan documents could be relevant to claims under the Employee Retirement Income Security Act ERISA , which has a six-year statute of limitations.

When it comes time to dispose of personnel records, it is important that they be disposed of properly. The Society for Human Resource Management offers a sample record-retention policy which summarizes much of the above information in table form.

This article is not a comprehensive list of all record retention requirements. The law includes more requirements than those listed here, and the law in this area is always changing. You should consult an attorney who specializes in employment law to be sure you are maintaining proper record-keeping procedures.

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