PERSONNEL FILES

Dispense employee medical information only to those who truly need to know

03/05/2010

The ADA requires HR and employers to maintain strict confidentiality on any medical- or disability-related information. That means keeping it in a separate, secure file, away from prying eyes that have no business viewing the information. But confidentiality doesn’t apply just to paper or electronic records. Employers also have to make sure they don’t discuss such information with those who don’t need to know.

Your I-9 forms: The 5 most common mistakes … and how to avoid them

03/02/2010

It is remarkable that a seemingly simple, one-page form—the Form I-9—can cause so many headaches. But who ever said a government form was easy, much less an immigration-related form. Here are the most common mistakes employers make.

How accessible are your electronic HR files?

02/26/2010

With 70% of all corporate records now stored electronically, HR must make sure their organizations’ systems are set up to retrieve critical information on demand. That’s essential if your organization is sued. Long delays in providing evidence can lead to needless litigation costs—and crush your chances in court.

Follow 5 steps to make sure new GINA law doesn't trip you up

02/09/2010

The Genetic Information Nondiscrimination Act of 2008 was enacted in response to concerns that insurers and employers could use results of genetic testing to discriminate against applicants and employees. Covered employers should consider updating their employment policies and practices to comply with GINA’s many technical requirements.

Strictly limit employee medical information just to those who need to know

01/12/2010

The ADA requires employers to maintain strict confidentiality on any medical- or disability-related information. That means keeping it in a separate, secure file, away from prying eyes that have no business viewing the information. But confidentiality doesn’t apply just to paper or electronic records. Employers also have to make sure they don’t discuss such information with those who don’t need to know.

Catch all 22 evidence preservation steps in case of litigation

01/11/2010

Employers and HR professionals hear it all the time: You must be prepared to preserve relevant corporate information and data and produce it if you are sued. You can take some preparatory steps to ensure that you can comply with inevitable litigation holds and are proficiently primed to assist your attorneys should litigation occur. This list of 22 to-do’s can guide your document and data preservation and retention procedures:

How should we respond to a subpoena for one of our employees' personnel records?

01/11/2010

Q. We recently received a subpoena to produce an employee’s personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

Should HR work space be separated from others?

01/01/2010

Q. We don’t have a lot of space in our office. Our HR staff shares space with administrative employees and some managers. Must we separate the HR staff from others to protect employee records from snooping eyes?

To what extent can we use electronic systems to store I-9s and other personnel documents?

12/23/2009

Q. I understand that I-9 forms can now be stored electronically. To save on office space and filing time, our department is considering scanning and electronically filing all personnel files and documents. Is this OK?

Taming the paper tiger: What to keep—and for how long

12/03/2009

Some HR departments are notorious for keeping every stack of paper indefinitely, while others fail to keep enough. Neither approach is acceptable, and it’s up to you to maintain a happy medium that complies with the law. Proper record-keeping is one of an HR professional’s core duties. Knowing what legally must be kept and for how long are important aspects of that duty.

Free HR forms: Termination checklist

11/03/2009

HR Specialist: Premium Plus subscribers have access to more than 70 attorney-approved HR forms and documents—including this checklist designed to help you track the dozens of details that need to be managed when an employee quits or is terminated. Feel free to adapt it for use in your organization.

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