Recordkeeping Best Practices: Maintenance and Penalties

November 29th, 2011 by Ari Rosenstein

Continuing with our detailed analysis of proper recordkeeping practices, we now turn to the various human resources documents requiring maintenance, discuss exceptions to standard recordkeeping practices and the penalties for negligent recordkeeping. I-9 Forms The Immigration Reform and Control Act (IRCA) bans the employment of illegal aliens. Employers must complete an I-9 form, the Immigration [...]

Recordkeeping: What Employment Documents to Keep, and For How Long

November 23rd, 2011 by Ari Rosenstein

Recordkeeping plays an integral role in the human resources administration of any company. A wide range of information about employees must be preserved to comply with federal and state laws, defend employment decisions when the need arises and facilitate efficient and effective management of human resources. As a general rule, ensure that records are stored in [...]

The Latest California Labor Law: AB 469 – NOTICE OF PAY DETAILS

November 16th, 2011 by Ari Rosenstein

Effective January 1, 2012, a new California labor law, AB 469, goes into effect requiring California employers to add a new document to their new hire package. The new law, formalized as Labor Code Section 2810.5, requires employers to provide all non-exempt hires with a written notice that contains the following information: The rate or [...]

Employee Documentation, Part II: What to Do and What to Avoid

November 14th, 2011 by Ari Rosenstein

Continuing with our examination of the importance of employee documentation in the workplace, we will now detail the particular events and communication that should be documented, as well as highlight common documentation errors worth avoiding. What to Document Managers should document any formal or informal discussions with employees regarding company policy or job performance. This [...]

The Importance of Employee Documentation: Part I

November 9th, 2011 by Ari Rosenstein

A wide range of state and federal laws require employers to maintain employee records for specified periods of time. The gamut of federal laws extends from the Fair Labor Standards Act to Title VII of the Civil Rights Act. In addition to official records pertaining to matters such as wage and hour information, I-9 forms [...]

SB 459: California Cracks Down on Worker Misclassification

November 7th, 2011 by Ari Rosenstein

Last month, California Governor Jerry Brown signed Senate Bill 459 into law. The new California labor law is designed to crack down on the misclassification of workers as independent contractors and dramatically increases the penalties on employers who have been found to have willfully done so. The new law also extends to “non-lawyer advisers” who [...]