HR Recordkeeping 2018 Update: What To Keep, What To Toss, And What To Scan

Webinar: ID# 1026441
Recorded On-Demand
About This Course:
If you’re in HR, there’s no two ways about it: You’re in the employee records business. And your best defense is a good offense.

Knowing what records to keep and for how long and how to correctly dispose of files, both hardcopies and electronic, is a common concern among HR professionals. This is why it is critical to understand the interplay between federal and state laws relevant to record retention. And, having a comprehensive records management system in place can reduce litigation exposure and secure the privacy of employee-related records.

Companies face difficult challenges in meeting these requirements with the integration of emerging technology into everyday business operations. These challenges include the looming threat of cybersecurity breaches, which can be costly both for your bottom line and your reputation.

Join us for the ins and outs of federal record retention requirements, and how to craft an airtight record-retention policy. You’ll learn about the e-discovery challenges facing companies with the use of mobile devices in the workplace and our attorney presenters will cover the legal landscape for cyber-security breaches, and how to take action now to prevent disaster later.

You’ll learn:
  • Which documents and records you must keep on file, and for how long under federal law
  • Requirements for preserving electronic documents
  • When state requirements for how long to keep records supersede federal requirements
  • Why keeping everything is almost as dangerous as keeping nothing
  • What exactly constitutes an e-record, including examples of digital data such as computer log-on/off times, Outlook calendars, notes and to-do lists, emails, and more
  • How to determine if your existing document creation, storage, retention, and destruction policies are up-to-date
  • When and how to shred hard copies or destroy electronic documents—including terminated employees
  • When your legal duty to preserve records is triggered
  • What records you should keep even though you are not required to
  • Key elements of a records retention policy, employee device policy, and cybersecurity protection policy
  • And much more!
About Your Presenters:

Andrew Crane, Esq.

Andrew Crane represents employers in the defense of class and single-plaintiff employment litigation, including harassment, discrimination, retaliation, wrongful termination, wage and hour class actions and contract disputes in state and federal courts, and before administrative bodies (including the DFEH, DLSE and EEOC) and arbitral tribunals. His experience extends across a variety of industries including employers in the healthcare, retail, pharmaceutical, automotive and non-profit sectors.

Mr. Crane also advises employers regarding various employment matters, including discrimination, harassment, wage and hour law, employee classifications, employee discipline and performance plans, drug and alcohol testing, family and medical leave management, disability discrimination laws, trade secrets, non-competition agreements, arbitration agreements, employee grievances, management training, and other personnel matters. Mr. Crane assists employers by drafting employment handbooks, personnel policies, and other employment documents, including employment agreements, consulting/independent contractor agreements, confidentiality agreements, and arbitration agreements.

Mr. Crane also has specialized experience defending clients in lawsuits arising under Title III of the Americans with Disabilities Act and related California disability access laws. He has also been on the cutting-edge in developing new case law helpful to business and retailers, including successfully winning an appeal in the Ninth Circuit involving the issue of equivalent facilitation at retail stores.

Prior to joining Nossaman, Mr. Crane practiced labor and employment law at a national law firm in Los Angeles. In 2011, he served as a judicial extern to the Honorable Kathleen Mulligan, Administrative Judge for the U.S. Equal Employment Opportunity Commission.

Cameron Peyton, Esq.

Cameron Peyton is a business litigator representing private and public companies as well as public agencies in employment matters, including wrongful termination, discrimination, harassment, whistleblower, OSHA complaints and wage and hour disputes. He has also represented employers in administrative agency proceedings. In addition to litigation, Mr. Peyton advises and counsels employers regarding employment matters.

Prior to joining Nossaman, Mr. Peyton was an associate at a Fresno-based litigation firm where he focused on complex litigation and labor and employment matters.

James H. Vorhis, Esq.
Co-Chair, Privacy, Cybersecurity and Data Breach Practice Group

Jim Vorhis is a business litigator who assists clients in finding solutions to a wide range of disputes, with a particular emphasis on complex civil litigation in state and federal courts. His commercial litigation practice consists primarily of business disputes involving insurance coverage, privacy and cybersecurity, construction, securities and professional liability issues. He represents a variety of private and public agency clients on insurance coverage and pre-litigation matters. Additionally, he advises clients on matters involving the Telephone Consumer Protection Act (TCPA).

Mr. Vorhis has helped clients achieve significant recoveries in several high-profile trials. Mr. Vorhis has successfully represented clients in all phases of litigation, and manages complex discovery issues, conducts and defends depositions, and briefs and argues major dispositive motions. Mr. Vorhis is also experienced representing clients in alternative dispute resolution (ADR) proceedings.

As the co-chair of the privacy group, Mr. Vorhis regularly contributes his insights and commentary to the Firm’s Privacy Law Report blog, which helps readers stay up-to-date on emerging issues in the privacy law field. He is also featured in the LexBlog Leaders series as a leader in the privacy industry.

Allison C. Callaghan, Esq.

Allison Callaghan is a litigator focusing primarily on employment law. She has experience in complex litigation, including wage-and-hour class and representative actions, and single-plaintiff harassment, discrimination, and wrongful termination cases. She has also represented clients in alternative dispute resolution and administrative agency proceedings.

In addition to litigation, Ms. Callaghan advises and counsels both public and private employers on employment matters.

Prior to joining Nossaman, Ms. Callaghan practiced general business litigation and employment litigation at law firms in Sacramento and Los Angeles.
HR Recordkeeping 2018 Update: What To Keep, What To Toss, And What To Scan
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