Employers need to be aware of the requirements and tight deadlines they have in responding to an employee’s request for various employment documents under California law. 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.
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1. Current and former employees have a right to their personnel records under Labor Code section 1198.5.
Under California Labor Code section 1198.5(a) provides that every current and former employee, or their representative, has the right to inspect and receive a copy of their personnel records. In terms of requests pursuant to 1198.5, the request must be made in writing through two methods:
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- Written and submitted by the current or former employee or his or her representative.
- Written and submitted by the current or former employee or his or her representative by completing an employer-provided form.
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Employers must comply with the request no later than 30 calendar days from receipt of the written request. Essential anatomy 5 for mac. Labor Code section 1198.5(b)(1).
2. The terms “personnel records” or “personnel file” are not defined in the Labor Code.
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. While not legally binding on employers, there is some guidance from the Division of Labor Standards Enforcement(“DLSE”) expressing the following view:
Categories of records that are generally considered to be “personnel records” are those that are used or have been used to determine an employee’s qualifications for promotion, additional compensation, or disciplinary action, including termination. The following are some examples of “personnel records” (this list is not all inclusive):
1. Application for employment
2. Payroll authorization form
3. Notices of commendation, warning, discipline, and/or termination
4. Notices of layoff, leave of absence, and vacation
5. Notices of wage attachment or garnishment
6. Education and training notices and records
7. Performance appraisals/reviews
8. Attendance records
1. Application for employment
2. Payroll authorization form
3. Notices of commendation, warning, discipline, and/or termination
4. Notices of layoff, leave of absence, and vacation
5. Notices of wage attachment or garnishment
6. Education and training notices and records
7. Performance appraisals/reviews
8. Attendance records
However, Labor Code section 1198.5(h) clearly sets forth that this section does not apply to: (1) records relating to the investigation of a possible criminal offense, (2) letters of reference, (3) ratings, reports, or records that were: obtained prior to the employee’s employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination. In addition, employers may redact the names of “any nonsupervisory employee” contained in the personnel file being requested. Labor Code section 1198.5(g).
Labor Code section 1198.5 provides that employers must keep a copy of the employee’s personnel records for three years after the employee has left the company. Labor Code section 1198.5(c)(1).
3. The right to inspect a personnel file under section 1198.5 stops once a lawsuit is filed.
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. Labor Code section 1198(n) and (o).
4. Labor Code section 432 provides applicants and employees with a right to a copy of any document he or she signed.
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.
5. Employers have 21 days to provide payroll information required under Labor Code section 226.
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Employers are required to provide employees with itemized wage statements or pay stubs that lists various items. 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 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. Under this Labor Code section, employers can take reasonable steps to ensure the identify of a current or former employee, and the actual costs of reproduction can be charged by the employer.
A request for personnel records and payroll records cannot be taken lightly by employers, and failure to comply with the various requirements can expose employers to liability. It is important to seek legal counsel immediately once an employee or their representative makes a verbal or written request for employment related documents or ensure compliance with the request. 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.
This report analyzes and compares TRUGREEN's employee health insurance and employee benefits with its industry and in Tennessee State.
Providing a smart employee benefits package is critical for attracting top talent and retaining valuable employees. Today, employee benefits play a vital role when candidates consider accepting a job offer.
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Many companies offer today over-the-top perks, like yoga classes, haircuts, catered meals, and acupuncture. In this report, we focus however on traditional benefits. It's a work in progress that we will expand and update on a regular basis.
This report contains the following sections
Career benefits
TRUGREEN has top-notch career benefits that have a great impact on employees' career. There are several coaching and mentoring programs, as well as onboarding program for new employees to help them fit in the TRUGREEN. top-notch tuition reimbursement programs are available for employees who want to get a work-related degree or a certificate.
- CAREER PLANNING: TRUGREEN offers superb possibilities for career planning to its team members. Whether it's an expert position or an entry-level position, TRUGREEN makes sure that every single team member takes the full advantage of superb career planning programs.
- COACHING AND MENTORING: TRUGREEN offers first-class coaching and mentoring programs through which every employee gets the support and resources to become a valuable member of the team.
- DEVELOPMENT RESOURCES: TRUGREEN offers top-notch development resources to enable its employees to grow on a personal and a professional plan. With access to top-notch intern programs and seminars, employees can learn new skills and stay at the top of their fields.
- GED REIMBURSEMENT: TRUGREEN has an outstanding GED policy and offers to pay full costs for employees who want to obtain a GED.
- LEADERSHIP PROGRAMS: TRUGREEN offers a wide variety of superb courses and seminars for every team member who aspires to a leadership position. Employees are encouraged by TRUGREEN to grow as leaders and learn how to make tough calls.
- ONBOARDING: TRUGREEN does not offer onboarding.
- RECOGNITION PROGRAMS: TRUGREEN knows that dedicated team members are hard to come by so it has an extraordinary Recognition program for those who stand out and continually contribute to TRUGREEN.
- TUITION REIMBURSEMENT: TRUGREEN has a remarkable Tuition Reimbursement Program and pays 50% of costs for college degrees or courses that will benefit employee's current or future role at TRUGREEN.
Benefit | TRUGREEN | Industry | Tennessee |
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Career planning Benefits | |||
Coaching and mentoring Benefits | |||
Development resources Benefits | |||
GED reimbursement Benefits | |||
Leadership programs Benefits | |||
Onboarding Benefits | |||
Recognition programs Benefits | |||
Tuition reimbursement Benefits |
![Trugreen Employee Handbook Trugreen Employee Handbook](https://profile.alumnius.net/19319034.jpg)
Healthcare benefits
Linux binary compare gui. TRUGREEN offers top-notch health benefits to its employees, of which some can be used by employee's family members. Besides an affordable healthcare insurance and a dental plan that includes recounstruction surgery, team members can enjoy TRUGREEN's top-notch maternity support program, nutritional and psychological counseling, and health plan incentives.
- COUNSELING: TRUGREEN does not offer counseling.
- DENTAL PLAN: TRUGREEN cares about its team members' dental health so it offers an exceptional dental plan for employees and their family members that fully covers all sorts of preventative dental care as well as reconstructive surgeries and other orthodontia services.
- HEALTH INSURANCE: TRUGREEN offers a top-notch health insurance for every employee. Various exams and procedures are covered, as well as comprehensive health plans.
- HEALTH PLAN INCENTIVES: TRUGREEN is aware of the fact that a healthy employee is a productive employee so it offers exceptional health plan incentives for its team members. Some of the perks are lowered premium rates, individual consultations with nutritionists and physicians, and regular checkups.
- HEALTHCARE SPENDING ACCOUNTS: To financially help its team members with medical emergencies, TRUGREEN offers a great healthcare spending account where employees can deposit a part of their paycheck, free of taxes, and use it to pay hospital bills or other eligible expenses. Any remaining funds left at the end of the year are forfeited.
- MATERNITY SUPPORT PROGRAM: Aware of the challenges that come with pregnancy, TRUGREEN has created a superb maternity support program to support its expecting team members.
- TELEHEALTH: TRUGREEN has implemented a top-notch telehealth policy for its members to use any time of the day, every single day. TRUGREEN covers all expenses of exams, doctor's opinions, and other services that can be done over the phone or via video call.
- VISION PLAN: TRUGREEN has an impressive Vision Plan for its team members who can count on coverage of a wide variety eye exams and procedures, as well as vision-related medical devices.
Benefit | TRUGREEN | Industry | Tennessee |
---|---|---|---|
Counseling Benefits | |||
Dental Plan Benefits | |||
Health Insurance Benefits | |||
Health Plan Incentives Benefits | |||
Healthcare Spending Accounts Benefits | |||
Maternity support program Benefits | |||
Telehealth Benefits | |||
Vision Plan Benefits |
Financial benefits
TRUGREEN offers remarkable financial benefits for employees and their family members. A remarkable 401(k) plan makes sure that employees have a secure retirement, while a generous, fully paid parental leave allows expecting mothers and fathers to enjoy their child's first year. Along with paid vacations, employees can enjoy fully paid commuting as well.
- 401(K) PLAN: TRUGREEN has an impressive 401(k) plan is designed in such way that suitable team members can get the most out of it and enjoy many perks that come with it. For each employee's contribution of up to 6% of salary, TRUGREEN offers an impressive program that matches it 100%, which is among the highest matches on the market. This way, 401(k) is the best option for employees who want to have a financial stability in their late years. There is no vesting period, so the contributions are immediately for the employee to keep right from the start. For those who need help managing their 401(k) plan, TRUGREEN offers individual financial consultations so that each employee can create a personalized investment plan.
- ADOPTION ASSISTANCE REIMBURSEMENT: TRUGREEN does not offer adoption assistance reimbursement.
- BONUS PAY: TRUGREEN has a suitable bonus plan that takes into account the individual efforts of a certain team member, as well as the results that those efforts generated.
- CHILDCARE DISCOUNT: TRUGREEN has an impressive childcare discount policy for its employees and offers attractive rates for eligible childcare centers.
- COMMUTER BENEFIT: TRUGREEN offers impressive commuter benefits for its team members and enables them to pay for all sorts of transportation fees, regardless of their distance from the place of work and the costs involved.
- DAYCARE FLEXIBLE SPENDING ACCOUNT: TRUGREEN offers an exceptional daycare program for its employees. Team members can withdraw funds from a flexible spending account to cover all sorts of expenses related to daycare or eldercare.
- DISABILITY: TRUGREEN has a solid disability program in place that takes care of team members who sustained an injury or suffer from an illness that causes them disability. Eligible team members are offered a solid coverage for a short-term disability that replaces a certain percentage of salary for a certain period of time.
- LIFE INSURANCE: TRUGREEN has a top-notch life insurance program and offers fully paid life insurance policies for its team members. The policy pays around two years worth of salary to employees' beneficiaries. Option to buy additional coverage is available for every team member.
- PAID TIME OFF: TRUGREEN wants for its team members to lead a happy and fulfilled life so it has a valuable vacation policy for every employee. The number of paid vacation days depends on how long has a certain member been part of the team.
- PAID VOLUNTEER TIME OFF: TRUGREEN recognizes the importance of giving back to the community so it offers a valuable volunteer time off program for its team members. Employees are encouraged to spend up to 20 working hours per year, paid by TRUGREEN, on volunteer work of their choice.
- PARENTAL LEAVE: TRUGREEN has an outstanding parental leave policy for eligible team members like new mothers and fathers, including adoption, surrogacy and foster care.
Trugreen Employee Benefits
Benefit | TRUGREEN | Industry | Tennessee |
---|---|---|---|
401(k) plan Benefits | |||
Adoption assistance reimbursement Benefits | |||
Bonus pay Benefits | |||
Childcare discount Benefits | |||
Commuter benefit Benefits | |||
Daycare flexible spending account Benefits | |||
Disability Benefits | |||
Life insurance Benefits | |||
Paid time off Benefits | |||
Paid volunteer time off Benefits | |||
Parental leave Benefits |
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