California Personnel File Inspection Requirements for Companies
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How to fill out Personnel File Inspection Requirements For Companies?
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FAQ
Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
Personnel files usually contain documents that the employee has already reviewed and so he or she is familiar with their content. This includes documents such as job applications, performance evaluations, letters of recognition, training records, and forms that relate to transfers and promotion.
Effective January 1, 2013, California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee.
Labor Code section 1198.5 provides that employers must keep a copy of the employee's personnel records for three years after the employee has left the company. Labor Code section 1198.5(c)(1).
Examples of items that should not be included in the personnel file are:Pre-employment records (with the exception of the application and resume)Monthly attendance transaction documents.Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.More items...
If an employer willfully fails to provide a wage statement or the employer fails to provide an accurate and complete wage statement, the employee may be able to seek damages from the employer for each wage statement violation. Exempt employees are employees who are exempt from California's wage and hour laws.
The number one item that should not be kept in the employee's personnel file is medical information. Under California regulations, medical information should be kept separate from the personnel file to protect the employee's confidential information.
However, the law does specify that the file must include records that the employer maintains related to the employee's performance or any grievance concerning the employee. Therefore documents such as disciplinary write-ups, records of verbal warnings, reprimands, performance improvement plans, suspensions,
Labor Code ? 226 (b) and (c) require that an employer provide an employee (current or former) access to inspect or receive a copy of all payroll records within 21 days of an oral or written request (it may charge actual costs of reproduction for the copy).
The legal documents that every employee personnel file must have are: Basic employee information: Name, address, phone number, and emergency contact details. IRS tax withholding forms: W-4s and/or W-9s. Payroll and compensation information: Any paycheck or pay card data.
