HR Recordkeeping In California: What To Keep, What To Toss, And How To Use Your Records As A Legal Defense

Webinar: ID# 1025069
Recorded On-Demand
About This Course:
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 (AB 1513), which became effective in 2016, there are 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.

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.

Join us for an in-depth 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:
  • Which documents and records you must continue to keep on file, and for how long under state and federal law
  • How to untangle when California law requirements for keeping records supersede the federal requirements
  • 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 according to California law
  • When and how to shred hard copies or destroy electronic documents—such as for terminated employees
  • What exactly constitutes a e-record, including examples of digital data such as computer log-on/off times, Outlook calendars, notes and to-do lists, emails, and more
  • When your legal duty to preserve records is triggered
  • What records you should keep even though you are not required to
  • And much more!
About Your Presenter:

Miranda Watkins, Esq.
Fisher Phillips LLP

Miranda Watkins is an associate in Fisher Phillips LLP’s San Diego office. Her practice includes counseling and defending employers in all areas of labor and employment law. Before joining Fisher Phillips, Ms. Watkins worked as an associate attorney for a national law firm, focusing on employment and general civil litigation matters.
HR Recordkeeping In California: What To Keep, What To Toss, And How To Use Your Records As A Legal Defense
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