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HR Recordkeeping in California: What to Keep, What to Toss, and How to Use Your Records as a Legal Defense - On-Demand

HR Recordkeeping in California: What to Keep, What to Toss, and How to Use Your Records as a Legal Defense - On-Demand

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HR Recordkeeping in California: What to Keep, What to Toss, and How to Use Your Records as a Legal Defense - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to create, store, and destroy paper and digital HR records in accordance with California and federal law.

Reference checks, job postings, resumes, testing data, disciplinary documentation, medical files, and wage & hour records— HR has a lot to keep track of on a day-to-day basis. As your employees come and go, the stream of both paper and electronic information they generate can turn even the most organized office into a filing nightmare. It’s time to take back control.

Paper and digital records generally can be a nightmare for HR to manage. And in California, keeping track of what must be generated, kept (and for how long), and deleted is quite frankly 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 extends 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.

And it’s not just the big guys that have to pay attention. In 2017, a small restaurant chain called Tacolicious found itself facing a six-figure settlement due to poor recordkeeping.

HR professionals here in California also need to know what can be shared, what must absolutely not be shared, and how all that information can be protected. Even with old-school hard copy records, it’s vital to know the limits on what you can keep and what you can shred. Knowing what to keep in case of possible civil penalties or litigation and knowing when you must legally destroy certain records, especially with new laws affecting pay and personnel policy, can be like walking a tightrope.

Use this in-depth on-demand webinar for clear 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.

You’ll learn:

  • California HR recordkeeping fundamentals that could trip you up if you aren’t careful
  • Mistakes to avoid with your California-based HR recordkeeping practices
  • Recordkeeping data security practices to follow, to minimize the risk of legal liability in the event of a data breach
  • How to tell when it’s safe to discard employment paperwork
  • Essential records to retain under California and federal law, in what form, and for how long (from pre-hire through post-termination)
  • Why keeping everything is almost as dangerous as keeping nothing
  • How to determine if your existing document creation, storage, retention, and destruction policies are up to date with the current law--and what to do if they aren’t
  • Best practices for managing documents used in litigation, including when your duty to preserve records is triggered
  • How to make sure your wage and hour records are compliant with California’s requirements
  • How to safeguard medical records in compliance with the California Confidentiality of Medical Information Act, as well as with federal laws
  • Performance, disciplinary, and termination records to store, where, and for how long
  • Records that bolster your position that a worker is an independent contractor, not your employee
  • Special recordkeeping considerations for government contractors
  • How to effectively and legally store and destroy old paper and electronic records
  • How to meet your legal duty to preserve certain records beyond the federal/state recordkeeping requirements
  • And much more!

About Your Presenter:

Marc Jacuzzi, Esq. Marc Jacuzzi, Esq. 
Director Attorney 
Simpson, Garrity, Innes & Jacuzzi

Marc Jacuzzi, the director attorney in Simpson, Garrity, Innes & Jacuzzi P.C.’s Walnut Creek office, has broad experience in employment law matters. He has represented numerous employers as defendants in civil rights actions (including claims under the ADEA, ADA), Title VII of the Civil Rights Act, FEHA, and other state discrimination statutes, 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 EEOC, the DLSE, various other state agencies and in various state and federal courts. 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.

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