September, 2006           

Welcome!

Summer is over and hopefully you are refreshed and ready to take on the final months of 2006.

This month we are addressing a situation that can occur at any time -
 
"An Employee's Request To Review Their Personnel File."

• Do you know today whether you would answer
  "yes" or "no" to this request?
  


• Does he/she have a legal right to see the file?

 

• What information...if any...can you rightfully
  keep from your employee?

 

• Can he/she take the file from your offices?

You'll find the answers to these questions and more ... below!

 
NEWS FLASH!

California lawmakers and Gov. Schwarzenegger brokered a deal to raise the current state minimum wage of $6.75 by $1.25 over two years. The terms of the deal were then included in a bill, A.B. 1835, which was approved by legislature and sent to the governor on August 31, which was the last day of the legislative session. The governor signed the measure last week.

The rate increase will take effect in two stages: minimum wage earners will get a 75 cent/hour boost on Jan. 1, 2007, to $7.50, and then another 50 cent/hour raise on Jan.1, 2008. The measure will give California the highest minimum wage in the nation when the $8.00 rate takes effect and is expected to impact over a million Californians who earn minimum wages.
 
Note, too, that the rate hike will affect certain exempt employees who must, to qualify for overtime exemption, earn a monthly salary that is at least two times the minimum wage.

UPDATED TRAINING SCHEDULE
SEXUAL HARASSMENT TRAINING FOR SUPERVISORS
Margaret Jacoby, PHR, in conjunction with Training One Source©,
will be conducting sexual harassment training that meets the requirements of AB 1825.

• Sexual Harassment training for supervisors is the law for companies with 50 or more employees.

 

• January 1, 2006 was the deadline for completing this training for your supervisors/managers.

 

• What about those supervisors/managers who were hired or promoted since your original training?

 

• What about those supervisors who were unable to attend the initial training?

This fast-paced two-hour interactive workshop is designed to educate participants about sexual harassment, raise their awareness of the causes and impact of harassment in the workplace, and present methods for preventing the occurrence of the problem.

For information on registering for one of the upcoming training sessions, Click Here

October 12	7:30 - 10:00AM
October 26	1:00 - 3:30PM
November 2	7:30 - 10:00AM
November 16	1:00 - 3:30PM
December 7	7:30 - 10:00AM

$99.00 Each Participant
5 or More From One Company - 10% Discount
Seating Is Limited ... SIGN UP EARLY!
 
Training Location:
Training OneSource, 110 Pine Ave. Suite 808, Long Beach, 90802

Continue to see this month's feature article ...

YOUR EMPLOYEE'S RIGHT TO VIEW THEIR PERSONNEL FILE

THE FACTS:

Most state "Right-to-Know" laws require employers to provide employees with access to their personnel records. As society becomes increasingly concerned about the number of files, reports, records, tapes and documents that describe the activities of individual citizens, it's common for employees to have a right to see their work-related files.

Right-to-know laws give employees the right to see personnel records. But these laws also prohibit employee access to certain kinds of information, such as:

• Criminal Proceedings.
  Commonly, information relevant to criminal proceedings is strictly protected from review by workers. Some states deny review of information that is included in any investigation of wrong-doing. Some states allow employers to deny workers information pertinent to civil, criminal or grievance procedures.

 

• Reference Letters. Writers of reference letters must know that their remarks remain confidential. That's why many statutes bar employee access to these letters. Similarly, some statutes prohibit an employee from seeing evaluations co-workers have made concerning his or her performance.
  
  A few states do not limit privacy protection to reference letters or peer evaluations. Their statutes broadly protect "confidential information" from review.

 

• Medical Conditions. Some states give employees a right to see medical files. Other states limit access. In some states employers can refuse to release medical information if they believe that such knowledge would harm the employee. In such an instance, employers can release the medical information to the employee's physician.

A few states allow employees to inspect their files once or twice a year. But most laws don't spell out how often employees can see their records. Generally, these statutes require that employees have "reasonable access" to records.
California requires that the inspection of a file occur during an employee's work time.

Can employees take files outside the office?
No. The statutes of expressly affirm the employer's right to keep personnel records on the employer's property. Generally, however, an employee's right to see a file includes the right to copy documents in that file.

What happens when an employee denies the validity of an evaluation and demands that the document be removed from the file?
In regard to disputed records, some state laws provide for initial protests and informal attempts at agreement. If attempts at conciliation fail, most statutes allow employees to include in their files an alternative explanation of the event.

Then, in the future, when you disclose the disputed document to a third party (example: a prospective employer), you must also disclose the alternative explanation.

---

WHAT TO DO?:

• Organize employee files and allow access to these records according to the following guidelines:

 
• Limit information in files to material which is relevant to legitimate personnel and business decisions.

 

• Tell employees and applicants how their personnel records will be used.

 

• Give employees access to their files. Require employees to submit signed request forms to inspect files.

 

• Allow employees to correct inaccurate information.

 

• Have employees sign statements that they have reviewed their records. Statements will include: time and date of the review, a list of copied documents, a summarization of alterations made to the file.

 

• Require employee consent before releasing information to third parties.

 

• Limit released information to factual statements. Example: Jack was employed as a machinist at XYZ Company from January of ‘05 to October of ‘07.

ABOUT MJMS, INC.

President and Principal Consultant: Margaret Jacoby, PHR

Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of diverse organizations, including non-profits.
 
Her work has included: 

• Conducting H.R. Needs Assessments
• Drafting employee handbooks and policy manuals
• Conducting job analysis and developing position descriptions
• Conducting on-site compliance audits
• Counseling management on progressive discipline
  
• Drafting and review of employee disciplinary actions
• Providing mediation in employee/employee conflict
  
• Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment
• Conducting workshops for business owners on H.R. compliance issues.

 
Ms. Jacoby has earned the nationally-recognized certification of Professional in Human Resources (PHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).
 
Ms. Jacoby's professional affiliations include:

• Professionals in Human Resources Association (PIHRA)
• Society for Human Resource Management (SHRM)
• National Association of Women Business Owners, Los Angeles
  (NAWBO-LA)
• California Chamber of Commerce
• Long Beach Community Business Network (LBCBN)
• Institute for Management Consultants (IMC)
• Los Angeles Area Chamber of Commerce