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Florida Personnel Record Laws
Florida personal record laws establish the rules surrounding employee rights, records retention, compliance, and other requirements. Employers may honor records requests as well as charge the employee a reasonable copying fee.
Below, find out everything employers and employees need to know about Florida personnel records:
Employee Rights to Personnel Records
Employee rights to personnel records are clear. They have a right to access their personnel records in specific situations.
However, there are exceptions to the rule according to classification.
- Private sector: Employees don’t have the right to review files but could if they allow it.
- Union: Union contracts may allow workers to access their personnel files.
- Public sector: The Florida Public Records Act protects public workers’ rights to access their records.
If employees have a right to their file and the employer denies it, Florida employment lawyers can help you handle the case. They can also help Florida employers defend false allegations.
Employers Requirements for Personnel Records
Employer requirements for personnel record involved record retention, compliance, and other employee file requirements. However, employers shouldn’t retain the following:
- Healthcare records
- Immigration forms
- Unrelated job information
Keeping these records on file can result in a civil rights violation. File laws by state will vary. If you have out-of-state employees, check with an attorney to ensure that you still comply with the Fair Labor Standards Act (FLSA).
Records Retention Requirements
There’s no specific Florida statute regarding records retention and employment personnel files. However, the general rule is that you should keep them from up to three years after resignation or termination.
Child Labor Records Retention Requirements
Child labor records retention requirements are more specific than those that apply to adults. Employers must keep information on file throughout the duration of employment that proves the child’s age.
Document copies that prove the child’s age include:
- Driver’s licenses
- Age certificates
- Visas
- Passports
- Birth certificates
All Florida employers are subject to this record retention requirement under child labor laws. Use the standard guideline of three years to play it safe.
Complying with Personnel Record Laws
Complying with personnel record laws is essential to maintaining public policy in Florida. They’re critical to handling labor disputes, answering future questions, and more. Employers can keep records as long as they wish but should maintain them for at least three years.
Florida labor lawyers can help you comply with personnel record laws in Florida.
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