California Records laws & HR compliance analysis

California Records: What you need to know

The information provided here highlights some of the more important recordkeeping requirements that apply to most employers in California, regardless of industry. There may be other state recordkeeping requirements that are specific to certain businesses or industries.
In addition, there are many federal statutes that require employers to keep certain records related to employment.
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The time periods for retaining records set forth in the various statutes are minimums. Because these records are critical to the employer if its compliance with federal or state law is questioned or if it must defend itself against employment-related litigation, employers may want to retain employment-related records for longer periods. Moreover, the penalties for not keeping required records may be severe.
Covered employers. All employers of minors under the age of 18 are subject to the recordkeeping requirements.
Required. Employers must keep all work permits and certificates on file at the workplace during the period that a minor is employed. Records must be available for inspection by the school attendance and probation offices, the state Board of Education, and the state Division of Labor Standards Enforcement. In addition, employers must maintain records showing the name, address, age, times of work, and payroll records for each minor employee.
To be retained. These records must be retained for the duration of the minor's employment. Names, ages, addresses, and time and payroll records must be retained for a minimum of 3 years (CA Educ. Code Sec. 49161; CA Lab. Code Sec. 1299 and Sec. 1174).
Covered employers. Employers with five or more employees ...

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