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Personnel Files

Security-Breach Notification Onus Falls on Michigan Employers

05/01/2007

Michigan employers will have a new set of responsibilities when the state’s new security-breach notification law takes effect on July 2. Under the law, owners and licensers of databases are required to notify Michigan residents whose personal information has been accessed by an unauthorized person. Failure to provide timely notice will subject employers to both fines and civil lawsuits …

Give documents to terminated employees?

05/01/2007

Q. Must I give employees copies of their reviews, terminations or disciplinary items? They are in their personnel files, but I don’t want them running to an attorney. We are not terminating or disciplining employees with any illegal intent, but these days you can never be too careful. –A.D.

Obtain approval to give out employees’ info

04/01/2007

Q. I’ve just joined a new company, and our HR people give out employees’ information (wage data, demographic info, etc.) to anyone who calls to request it. Is that right? —P.L., Virginia

Don’t tell employee’s new boss about his prior complaints

04/01/2007

If an employee is suffering from performance problems and wants a transfer to another supervisor or position, be careful which details in the person’s history you share with the new manager. That’s especially true if the employee has a history of filing legal complaints …

Preserve records or face jury’s wrath on overtime pay

04/01/2007

If you get wind of a possible lawsuit over unpaid overtime, make sure all your payroll records remain intact and available. Don’t crank up the shredder. If you dispose of related documents, the penalties under Ohio law can be especially harsh …

Michigan Employers Must Post Job-Related Injuries by April 30

04/01/2007

The Michigan Department of Labor is reminding employers that they must post employees’ job-related injuries and illnesses from 2006 …

New rules affect how you store and preserve electronic records

04/01/2007

New federal court rules for electronic-records maintenance and discovery took effect on Dec. 1, 2006. The rules govern discovery of electronically stored information in federal civil litigation …

Failing to track FMLA leave requests erases your right to challenge time off

04/01/2007

It’s crucial to keep meticulous FMLA records, from requests to approvals to return-to-work discussions. If you fail to create a solid paper trail, courts will resolve any questions in the employee’s favor …

How long to retain applications and résumés?

04/01/2007

Q. How long do we have to keep applications and résumés? — L.P., Kansas

If you handle insurance enrollment, be alert to liability for lost, late paperwork

04/01/2007

When employers assume substantial benefit-administration duties, they may be liable when the proper paperwork doesn’t get to where it should. Because federal law imposes a fiduciary obligation on benefit administrators, employers may be sued when they assume the administrator’s role …