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. Also, this information should not reside with just one person, but instead there are a few key people who know where this information is retained and how to retrieve it during times of litigation. An employer may redact the names of any nonsupervisory employees contained in the personnel files prior to inspection or copying.
An employer is not required to comply with more than fifty 50 requests for a copy of employee personnel records by a representative of the employees in one calendar month. In addition, Section An employer is only required to comply with one personnel records request per year by a former employee. If a former employee seeking to inspect his or her personnel file was terminated for violation of a law or policy involving harassment or workplace viol ence, the employer is not required to allow the former employee back i n to the workplace.
In addition to the requirements of Section C The regular payday designated by the employer in accordance with the requirements of this code. H That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.
I Any other information the Labor Commissioner deems material and necessary. The template shall be made available to employers in such manner as determined by the Labor Commissioner. Records relating to the investigation of a possible criminal offense;. Letters of reference or other communications re qualifications—before, during and relating to termination; discuss the extent of withholding with legal counsel ; and. B Prepared by identifiable examination committee members such as a termination committee.
Communications with legal counsel Evidence Code section ; this attorney client issue is a bit more nuanced so you would need to discuss the facts with your legal counsel. An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her personnel records. If an employee or former employee files a lawsuit that relates to a personnel matter against his or her employer or former employer, the right of the employee, former employee, or his or her representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction.
This entry does not give specific legal advice about your specific legal problem. No text or graphic contained in this entry is to be or should be used or relied upon as legal advice.
An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her personnel records. A former employee may receive a copy by mail if he or she reimburses the employer for actual postal expenses. An employer is not required to comply with more than 50 requests to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month.
The employer may take reasonable steps to verify the identity of a current or former employee or an authorized representative. Prior to making records available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee.
The right to inspect personnel files does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following: 1 the wages, hours of work, and working conditions of employees, 2 a procedure for the inspection and copying of personnel records, 3 premium wage rates for all overtime hours worked, 4 a regular rate of pay of not less than 30 percent more than the state minimum wage rate.
Employers are required to give an employee or job applicant, upon request, a copy of any instrument that the employee or applicant has signed relating to the obtaining or holding of employment. Employers are required to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee.
Labor Code Section b An employer who receives a written or oral request from a current or former employee to inspect or copy his or her payroll records shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request.
Failure by an employer to permit a current or former employee to inspect or copy his or her payroll records within the 21 calendar day period entitles the current or former employee to recover a penalty from the employer in a civil action before a court of competent jurisdiction. Labor Code Section , subdivisions c and f.
Employers are required to keep accurate payroll records on each employee, and such records must be made readily available for inspection by the employee upon reasonable request.
Additionally, when a piece rate or incentive plan, such as a commission plan, is in operation, piece rates or an explanation of the incentive plan formula shall be provided to employees. The employer must maintain accurate production records. All employers must provide employees or their representative s access to accurate records of employee exposure to potentially toxic materials or harmful physical agents.
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