Yesterday, we took a look at some of the common questions relating to employee requests for records. Today, a few more — plus an introduction to our brand-new Complete Guide to HR Recordkeeping in California.
Q. Can I hold back any records from employees?
A. Yes. You aren’t required to disclose the following:
- records relating to the investigation of a possible criminal offense
- letters of reference
- ratings, reports, or records that were:
- obtained before the employee’s employment,
- prepared by identifiable examination committee members, or
- obtained in connection with a promotional exam
Q. When can an employee inspect personnel records?
A. The California Labor Code says that current and former employees may inspect their files “at reasonable times and intervals” — but it doesn’t define that term. According to the state Division of Labor Standards Enforcement (DLSE), though, “reasonable times” means during the regular business hours of the location of the records or at any time during the employee’s regularly scheduled work shift. The amount of time allowed for inspection must be proportional to the volume and content of the records.
The Complete Guide to HR Recordkeeping in California Read about it.
The DLSE has also taken the position that “reasonable intervals” means once per year, except when the employee has reasonable cause to believe that the records have been altered in a manner that might adversely affect his or her interests. More frequent inspections might also be permissible if the records contain information that is relevant to an ongoing investigation affecting the employee.
Note that employers can require an employee to inspect his or her personnel records on the employee’s own time as long as the records are stored at the workplace. If the records are stored off-site, the inspection must be during work hours, and the employee must be compensated at the regular pay rate.
Q. What about other types of records? Can an employee inspect any nonpersonnel records?
A. Yes. You must allow current and former employees — and their representatives — to inspect or copy their payroll records. And don’t dawdle — you have only 21 calendar days after receiving a written or oral request to inspect or copy the payroll records to comply. Take any longer and the employee will be entitled to recover a penalty.
You’re also required to allow current and former employees to inspect and copy records related to employee exposure to potentially toxic or hazardous materials in the workplace, including medical records.
Answers to all your toughest California HR recordkeeping questions. Click here for more info.
Q. How should I respond to a subpoena from a third party for a current or former employee’s records?
A. When you receive a subpoena for employee records, the third party must notify the employee. The employee has the right to object to the provision of the records (or to waive any objection in a written authorization), and a court will ultimately determine whether you should provide the records.
A Brand-New Recordkeeping Guide — Specifically for California Employers
There’s no glory in accurate, complete HR recordkeeping. Your CEO probably isn’t ever going to stop by and say, “Great work on that CFRA paperwork, Jim.”
But make no mistake: Get it wrong, and you will most certainly be hearing about it. A lot.
Recordkeeping mistakes are easy to make for even the most experienced, diligent HR professional. And, as in so many areas, your task is complicated by the fact that you work in California: Land of the Heightened Employer Burden.
That’s why we’ve developed a brand-new, comprehensive guide to recordkeeping specifically for California employers.
The Complete Guide to HR Recordkeeping in California is 106 info-packed pages of everything you need to know to stay compliant (and sane) in the HR recordkeeping arena.
You’ll learn everything you need to know about what to hang onto, and for how long, under both California and federal law…which records can be stored electronically…how to ensure the security of your records…tips for proper records disposal…what to do if you find yourself facing a records subpoena…how to avoid common recordkeeping mistakes…and much, much more!
The report includes chapters on:
- Personnel and Payroll Records
- Safety Records and Workers’ Comp Documents
- Family and Medical Leave Records
- HR-Related Tax Records
- Pension Plans and Health Insurance Benefits
- Polygraph Exams
- Rights of California Employees to Access Records
- Effective Methods for Compiling and Managing HR Records
- Electronic Records
- Penalties and Consequences for Failing to Comply with Recordkeeping Requirements
- 8 Rules for Securing Records
- Avoiding Common Recordkeeping Mistakes
- 8 Steps to Properly Respond to a Subpoena
- Preparing and Reviewing Records for Litigation
We’ve also included 7 easy reference charts throughout the report, so that you can quickly find the answers you’re looking for at a glance. It’s California HR recordkeeping made easy.
Best of all, we’ll send you a brand-new edition each year so that you always have the most up-to-date information available. Don’t delay — order today and get the recordkeeping monkey off your back once and for all.
Download your free copy of 20 Must-Have Employee Handbook Policies today!
HRPA: California Human Resource Forms, California Human Resources (HR), California Human Resource Policies, California Recordkeeping