California Labor Code Section 432.2 CA Labor Code § 432.2 (2017) (a) No employer shall demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment. In terms of requests pursuant to 1198.5, the request must be made in writing through two methods: Employers must comply with the request no later than 30 calendar days from receipt of the written request. Under Labor Code § 432, you are entitled to obtain copies of all documents you signed relating to your obtaining or holding of employment. For more detailed codes research information, including annotations and citations, please visit Westlaw. Upon request, the employer must provide those documents. Notices of layoff, leave of absence, and vacation Pennsylvania Massachusetts Indiana Expand sections by using the arrow icons. This Friday’s Five focuses on five areas of records that are typically requested by applicants, current or former employees, and some common deadlines to comply with those requests. The Act, codified in Government Code Section 12953 and California Labor Code Section 432.6, is scheduled to take effect January 1, 2020. The right to inspect a personnel file under section 1198.5 stops once a lawsuit is filed. CA Labor Code § 432 (through 2012 Leg Sess) What's This? 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Responding to records requests by current and former employees. 90. ) Application for employment II - Executive California employers are limited in what information they may ask job applicants about their criminal history under California Labor Code § 432.7.This specific code section of the California Labor Code has been amended many times by several public mandates presented to California voters since the beginning of the 21st Century. Use this page to navigate to all sections within Labor Code. 3. I’ve written about the requirements of what must be on wages statements previously here, and the DLSE provides examples of compliance pay stubs on its website for hourly employees here and for employees paid by piece rate here. Under section 432.3, effective January 1, 2018: Employers can no long ask job applicants about their salary history, including compensation and benefits. Nevada Georgia 5. Employers have 21 days to provide payroll information required under Labor Code section 226. Under Labor Code section 226(c), employers have 21 calendar days to respond to written or oral requests to inspect or copy the records covered by this section. It is also a key time period to evaluate whether the employee may file litigation, and to take steps to resolve any potential issues prior to litigation, if at all possible. Board of Patent Appeals, Preamble Payroll Records (Labor Code § 226) The newly enacted bill adds California Labor Code section 432.3. California Labor Code Section 432 CA Labor Code § 432 (2017) If an employee or applicant signs any instrument relating to the obtaining or holding of employment, he shall be given a copy of the instrument upon request. Code: Article: Section: Code: Section: ... Labor Code - LAB. Attendance records. In addition, employers may redact the names of “any nonsupervisory employee” contained in the personnel file being requested. VI - Prior Debts Employers are required to provide employees with itemized wage statements or pay stubs that lists various items. DIVISION 2. For more detailed codes research information, including annotations and citations, please visit Westlaw . California Read this complete California Code, Labor Code - LAB § 432 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . An employee or applicant is entitled to receive any document relating to the “obtaining or holding of employment.” The employee or applicant must be provided the document “upon request.” Labor Code section 432. § 432 If an employee or applicant signs any instrument relating to the obtaining or holding of employment, he shall be … Notices of wage attachment or garnishment Labor Code section 432.8 Labor Code section 432.8 applies the limitations from section 432.7 to certain violations related to the possession of marijuana. Labor Code section 432 provides applicants and employees with a right to a copy of any document he or she signed. Here are 10 questions and answers regarding the new law. Because Labor Code section 1198.5 refers to the terms “personnel records”, but never defines the term, there is considerable ambiguity about what documents should be keep in an employee’s personnel file and what documents must be made available upon a request to inspect or copy the personnel records. If the current or former employee files a lawsuit that “relates to a personnel matter against his or her employer or former employer” the right to inspect personnel records under Labor Code section 1198 ceases. This question undoubtedly will be the subject of significant litigation in the coming months. Texas 4. I - Legislative 2. Washington, US Supreme Court Written and submitted by the current or former employee or his or her representative by completing an employer-provided form. 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