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Employer Liability Issues Personnel Records

Schwabe, Williamson & Wyatt PC

Washington Employment Law Updates

A series of employment-related bills have become law and will go into effect in the coming months and years. These new bills contain some significant changes that will likely affect most Washington employers. Understanding...more

Seyfarth Shaw LLP

Washington Amends Employee Personnel File Access Laws

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The Washington Legislature has passed a new law affecting employers’ obligations related to employee personnel files.  The new law amends RCW 49.12.240 and 49.12.250 in four important ways...more

FordHarrison

New Illinois Employment Laws for 2025 and Beyond: What Every Employer Must Learn

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The Illinois Legislature was busy in 2024, passing a slew of new employment laws and amendments to existing laws, only one of which in any manner affirmatively helps employers. Below is a summary of the bills that were signed...more

CDF Labor Law LLP

[Webinar] Just When You Thought It Was Safe to Go Back to the Office – The Top 10 Current Legal Headaches for California Employers...

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California employers face a constantly evolving legal landscape, with compliance challenges that can lead to significant financial and operational risks. Join CDF Partners Todd Wulffson and Alessandra Whipple during this...more

Littler

Latest Updates to Illinois Personnel Records Review Act

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The Illinois state legislature has once again amended the Personnel Records Review Act (the “Act”), imposing new obligations on employers navigating personnel record requests.  Effective January 1, 2025, HB 3763 requires...more

Weintraub Tobin

California Employment News: Understanding the Basics of Employee Personnel Files (Featured Podcast)

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Employee personnel files are an important aspect of any employer’s records. Meagan Bainbridge and Nikki Mahmoudi review the basics of employee personnel files, including what should and should not be included and handling...more

Weintraub Tobin

California Employment News: Understanding the Basics of Employee Personnel Files (Featured)

Weintraub Tobin on

Employee personnel files are an important aspect of any employer’s records. Meagan Bainbridge and Nikki Mahmoudi review the basics of employee personnel files, including what should and should not be included and handling...more

Bradley Arant Boult Cummings LLP

Best Practices on Maintaining Personnel Files

Personnel files, employee files, employee records… no matter what you call them, you probably know they are important. But why, exactly? Below is a refresher on the importance of personnel files and best practices for...more

Maynard Nexsen

SC Court of Appeals Upholds Preliminary Injunction Prohibiting Former Employee from Using Personnel Information

Maynard Nexsen on

It is rare to see an employment-law related case decided by South Carolina appellate courts; it is even more rare for the appellate courts to issue an opinion addressing a trial court’s issuance of a preliminary injunction in...more

BCLP

The End of the HR Data Exemption under California law?

BCLP on

Unless the California legislature acts soon, the scope of information subject to the California Privacy Rights Act (“CPRA”) will include all employee or human resource-related personal information on January 1, 2023. To date,...more

Fox Rothschild LLP

New York Broadens Its Prohibition on Retaliation, Will Develop Sexual Harassment Hotline

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New York State employers are now prohibited from releasing personnel records to retaliate against employees who oppose discrimination, and the state has pledged, by July 14, 2022, to establish a confidential hotline for...more

FordHarrison

New York Enacts New Workplace Harassment and Discrimination Protections

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New York is once again amending its anti-harassment and anti-discrimination laws to provide greater protections to employees. Earlier this week, two of these changes were signed into law by Governor Hochul. ...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts Supreme Judicial Court Adds New Personnel Records Wrinkle to Public Policy Exception to Termination of At-Will...

A recent decision by the Massachusetts Supreme Judicial Court (the “SJC”) significantly expanded the Massachusetts common-law public policy exception to termination of at-will employees.  This decision, Meehan v. Med. Info....more

Morgan, Brown & Joy, LLP

Massachusetts Supreme Judicial Court Finds that Employees Cannot be Terminated Merely for Filing a Rebuttal to a Personnel Record

On December 17, 2021, Meehan v. Medical Information Technology, Inc., the Supreme Judicial Court of Massachusetts (“SJC”) held that an employee’s filing a rebuttal to information placed in their personnel file that could...more

Seyfarth Shaw LLP

Massachusetts Supreme Judicial Court Holds That Terminating An Employee for Filing A Rebuttal to a Personnel Record Violates the...

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Seyfarth Synopsis: On December 17, 2021, the Massachusetts Supreme Judicial Court extended the public policy exception to at-will employment to the termination of an employee for filing a rebuttal to a personnel record. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel...more

Epstein Becker & Green

Massachusetts SJC Finds a Public Policy Exception to Employment At Will Under the State Personnel Records Law

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Last week, the Supreme Judicial Court of Massachusetts (“SJC”) unanimously ruled that the state Personnel Records Law, M.G.L. c. 149, § 52C, provides for a public policy exception to employment at will. Writing on behalf of...more

Parker Poe Adams & Bernstein LLP

Demote an Employee After a Positive Performance Review? Federal Appeals Court Says Not So Fast

Although it seems counterintuitive, we regularly run across situations where clients want to fire or demote an employee who recently received a promotion, stellar performance review, or some other kind of reward for good...more

Ervin Cohen & Jessup LLP

New Law Expands Employer Record Retention Requirements and DFEH Enforcement Powers

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Senate Bill 807, which becomes effective January 1, 2022, will extend the period in which employers must retain personnel records for applicants and employees from 2 years to 4 years from the date the records were created or...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Court Ruling Highlights Importance of Employer Responses to Personnel File Requests in Motions to Compel Arbitration

Judge Shannon Frison, sitting in the Middlesex County Superior Court in Massachusetts, recently issued a ruling that highlights for employers the importance of providing complete and timely responses to requests for employee...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Jackson Lewis P.C.

Ohio’s Employment Law Uniformity Act: New Prerequisites And Defenses For Discrimination Claims

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Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA). The ELUA updates the state’s...more

Jackson Lewis P.C.

Ask A Litigator: What Do Employers Need To Know About Wage Statements?

Jackson Lewis P.C. on

Just as current and former employees are entitled to inspect their personnel file, Labor Code Section 226(c) entitles current and former employees to request copies of wage statements. Often these requests occur when an...more

Jackson Lewis P.C.

Ask A Litigator: What Should Be In An Employee’s Personnel File?

Jackson Lewis P.C. on

Current and former employees have a right to inspect their personnel file at reasonable times. So, when a current or former employee intends to bring or has brought a claim against their employer, they will likely request a...more

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