HR is all about recordkeeping, or so it seems. And both paper and digital records can be a nightmare to manage. In employee-friendly California, keeping track of what must be generated, kept (and for how long), and deleted is an ongoing learning process.
For instance, under the California Fair Pay Act (SB 358) (Labor Code § 1197.5) requires equal pay for employees who perform "substantially similar work" and extendIt's recommended that employers develop a records-generating and recordkeeping practice that provides the factual basis for a defense in case of legal action brought under the Fair Pay Act. Just how specific it needs to be depends on each employer's individual circumstances.s the recordkeeping requirement for wage information from two to three years. Employers also need to be aware of AB 1513 (Labor Code § 226.2), which became effective in 2016, and created a few non-negotiable records that many employers must generate and maintain regarding requirements for a separate hourly wage for "nonproductive" time worked by piece-rate employees and separate payment for rest and recovery periods to those employees.
It's recommended that employers develop a records-generating and recordkeeping practice that provides the factual basis for a defense in case of legal action brought under the Fair Pay Act. Just how specific it needs to be depends on each employer's individual circumstances.
Join us on April 25 for the most up-to-date guidelines on California HR recordkeeping do's and don'ts so you can avoid any legal missteps with your employee records. You'll learn what your records should show and how to use your HR records as a legal defense if employment-related claims arise against the organization.
Plus, you’ll learn how to:
- Watch out for California HR recordkeeping changes and additions that have been enacted or are coming
- Follow recordkeeping data security practices and minimize the risk of legal liability in the event of a data breach
- Recognize when it's safe to discard employment paperwork
- Identify essential records you must keep under California and federal law, in what form, and for how long (from pre-hire through post-termination)
- Tell what to toss—since keeping everything can be almost as dangerous as keeping nothing
- Determine whether your existing document creation, storage, retention, and destruction policies are up-to-date with the current state and federal law
- Ensure that your wage and hour records are compliant with California's requirements
- Follow best practices for managing documents used in litigation, including when your duty to preserve records is triggered
- Safeguard medical records in compliance with the California Confidentiality of Medical Information Act, as well as with federal laws
- Properly store performance, disciplinary, and termination records, where, and for how long
- Obtain information on special recordkeeping considerations for government contractors
- Effectively and legally store and destroy old paper and electronic records
- And much more!
YOUR EXPERT INSTRUCTOR
Marc Jacuzzi, Esq.
Marc Jacuzzi, Director Attorney at Simpson, Garrity, Innes & Jacuzzi, P.C., has broad experience in employment law matters. He has represented numerous employers as defendants in civil rights actions (including claims under the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, the California Fair Employment and Housing Act (FEHA), and other state discrimination statutes), trade secret misappropriation claims, wage claims, wrongful termination claims; unfair business practices claims (Section 17200), non-competition claims (Section 16600), contract disputes and various tort claims filed with the Equal Employment Opportunity Commission (EEOC), the Division of Labor Standards Enforcement (DLSE), various other state agencies and in various state and federal courts.
Mr. Jacuzzi's practice also involves employment law counseling. He regularly advises clients regarding all aspects of the employer/employee relationship including hiring and termination issues, wage and hour requirements, employee classification issues, civil rights/discrimination issues, commission plans, employment contracts, employee handbooks and policies, confidential information agreements, reductions in force, leaves of absence issues, employment audits, M&A employment issues, violence in the workplace issues and international employment issues. Mr. Jacuzzi has also conducted numerous in-house training programs on a number of employment law topics.
Business & Legal Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit the SHRM Certification website at www.shrm.org/certification.