In an Employer Resource Institute webinar entitled "Human Resources Recordkeeping in California: Updates on Employee File-Management Requirements and the Golden Rules on Creation, Retention and Destruction," Amber M. Grayhorse, Esq., an associate in the Los Angeles office of Nossaman LLP, explained why Human Resources recordkeeping is important.
Imagine a "litigation hold" memo from your General Counsel about a new lawsuit or a Department of Fair Employment and Housing (DFEH) or Employment Development Department (EDD) audit. Do you know where the records are, who has them, and are you sure that you've retained the relevant documents?
This is only a slice of the pie. Federal Human Resources laws also have recordkeeping requirements. To the extent that are different, pick the longer period because you will be keeping a lot of the same records for multiple purposes.
Laws that need to be considered and understood are:
- Payroll Tax Laws
- Wage and Hour Laws
- Employment Anti-Discrimination Laws:
- Fair Employment and Housing Act (FEHA), California Family Rights Act (CFRA), Family and Medical Leave Act (FMLA)
- Equal Pay Act, Lilly Ledbetter Fair Pay Act
- Immigration Reform and Control Act
- Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Rehabilitation Act
- Other Employment Laws include:
- Unemployment Insurance Laws
- Workers' Compensation Laws
- Employee Retirement Income Security Act (ERISA)
- Health Insurance Portability and Accountability Act (HIPPA)
- The effect of Business and Professional Code (Section 17200)
Amber M. Grayhorse, Esq. is an associate in the Los Angeles office of Nossaman LLP (www.nossaman.com). Grayhorse has significant experience litigating employment disputes in state and federal courts, as well as in alternative dispute resolution forums. She also counsels employers on a wide range of issues, including handling employee disciplinary issues, responding to those alphabet agencies (such as the DFEH, EEOC, or the DOL), and creating and implementing policies.
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