To start off the New Year, Kathleen Bray has a few reminders of things you can do to "clean up" your personnel files, human resource policies, and related matters:

1.  MAINTAIN PERSONNEL FILES PROPERLY:

In previous newsletters, we have outlined the specific documents which comprise an employee's "personnel file" under Minn. Stat. Ch. 181.  You can also find a detailed article concerning maintenance of personnel records on our website under "Publications", www.hanftlaw.com.  Take time this year to review your personnel record filing system and confirm that the following records or documents are NOT filed within an employee's "personnel record":

    *  Medical Records and Related Confidential Information

    *  Legal Correspondence:  Do not file your company attorney's correspondence regarding a particular employee, typically related to a lawsuit or workers' compensation claim, in that employee's personnel file -- you do not want to risk inadvertent disclosure!  Keep a separate confidential legal file for these types of communications.

2.  REVIEW AND UPDATE YOUR PERSONNEL POLICIES:

Have you recently reviewed your personnel handbook?  Has your employee count changed, potentially affecting coverage under Family Medical Leave Act or other Minnesota/Wisconsin leave laws? 

Do you consistently follow the policies reflected in it? 

Do your practices vary from your written policies and guidances?

Have you provided harassment training to your supervisors and employers within the last year or so?  Is your harassment policy posted in public announcement areas, and communicated to all new employees at the time of hire?  Does your harassment policy address both sexual as well as other protected classes of personnel from discrimination and harassment? 

3.  REVISIT POSITIONS CLASSIFIED AS EXEMPT (OR NON-EXEMPT POSITIONS YOU WANT TO RECLASSIFY) 

With the recent overtime regulation changes, some of your employees may be reclassified as exempt, or need to be changed to non-exempt and eligible for overtime, depending on the job duties and circumstances.  Remember, that the job title is not the determining factor but rather, the duties that employee performs are the test for determining exempt or non-exempt status under the Fair Labor Standards Act (FLSA).  Attorney Tom Torgerson will be discussing many of these wage and hour changes at the upcoming employment seminar on March 9. The U.S. Department of Labor's website has helpful fact sheets with an outline of criteria for employees to satisfy for exemptions, at www.dol.gov. 

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Periodically throughout the year, we will feature areas ripe for "audits" in the employment/human resource area, in addition to our usual features.  If you have any questions, or suggestions for newsletter topics in 2005, contact Kathy Bray at ksb@hanftlaw.com or 218.529.2427.