©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 281 LC § Description Penalty 1174 Employer Obligations to Provide Information to IWC and DLSE. Employers must comply with all IWC information requests, must allow IWC or DLSE free access to sites to investigate and inspect employment records, must record names and addresses of all employees and the ages of all minors, and must keep at a central California location, or at establishments where employees work, payroll records (for not less than three years) showing daily hours worked and wages paid. Employer must not prohibit employees from maintaining personal records of the number of hours worked or (if relevant) the numbers of piece-rate units earned. LC 1174.5: $500 1198.5 Employee Right to Inspect Personnel Records. Employers must—upon written request and at reasonable intervals and times—provide a copy and make available for inspection the personnel records that relate to a current or former employee’s performance or to any grievance concerning the employee. The employer must comply within 30 calendar days of receiving a written request, unless the employer and employee, or the employee’s representative, agree to a date up to 35 calendar days after the employer receives a written request. Employers need not make records available when the employee is required to render service to the employer, if the requester is the employee. As to current employees, employers must make personnel records available where the employee reports to work or at another location agreeable to the requester, with no loss to the employee if he or she is the requester. As to former employees, employers must make personnel records available where it stores the records, unless the parties agree in writing to a different location. Employers must maintain a copy of personnel records for at least three years after employment. Exceptions: Employers need not disclose (1) records relating to investigation of possible crime, (2) letters of reference, and (3) records that were (A) obtained before employment, (B) prepared by identifiable examination committee members, or (C) obtained for a promotional examination. LC 1198.5(k): $750 to employee or to DLSE 14001408 California WARN. Employers who own or operate any facility employing 75+ employees within the last 12 months must give 60-day written notice of any mass layoff (50+ employees within 30 days), relocation (moving > 100 miles), or termination of business at that facility. Exception: where physical calamity or act of war is the reason for the mass layoff, relocation, or termination. LC 1403:$500 for each day of violation 14091413 Relocation of Call Center. A call center employer shall not order a relocation of its call center, or one or more of its facilities or operating units within a call center, unless notice of the relocation is provided in accordance with section 1401. If a call center employer is required to provide notice under subdivision (a) of section 1401 and this section, the call center employer may provide a single notice; however, a notice of the relocation of a call center shall include, “This notice is for the relocation of a call center” at the top of the notice. LC 1410.5, 1403: $500 for each day of violation 2751 Contract of employment for commissions. California employers paying commissions must put the commission arrangement in a written contract and give the employee a signed copy. Uncertain
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