Can employee files be kept electronically?
Because the Fair Labor Standards Act (FLSA) does not require a particular order or form of records, wage records may be maintained electronically. The FLSA requires employers to keep payroll records for at least three years.
Should employee files be locked?
There is no federal or state law that says that employee files must be kept under lock and key, but there are privacy and confidentiality laws in some states regarding employee files. Also, allowing unwarranted access to employment files could lead to charges of discrimination or privacy violations.
Do you have to keep paper employee files?
In general, employers are free to maintain their records in any format they wish, and for a variety of practical reasons, employers may wish to maintain electronic rather than hard copy files.
Can employers keep secret files on employees?
Employees are allowed to inspect files containing information used by the employer to determine the employment qualifications of that employee, as well as any disciplinary action taken against the employee, including termination. Employers may not keep secret records of employment.
Do employees have the right to view their personnel file?
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.
How long should you keep terminated employee files?
one year
EEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination.
Are personnel files confidential?
California law requires all employee personnel files and records be sufficiently protected from third party disclosure. The employer should take care to ensure confidentiality of employee records at all times.
What needs to be kept in a personnel file?
What to Keep in a Personnel File
- job description for the position.
- job application and/or resume.
- offer of employment.
- IRS Form W-4 (the Employee’s Withholding Allowance Certificate)
- receipt or signed acknowledgment of employee handbook.
- performance evaluations.
- forms relating to employee benefits.
Why would an employee request their personnel file?
Current and former employees have a right to inspect their personnel file at reasonable times. So, when a current or former employee intends to bring or has brought a claim against their employer, they will likely request a copy of their personnel file.
Should employee files be kept on site?
Employee files should be stored in a secure location and be kept strictly confidential. Access should be restricted to those with a legitimate need to know or as required by law.