Southwest Florida Employment Law Blog : Southwest Florida Employment and Labor Lawyers & Attorneys for Discrimination Lawsuits and Civil Rights Cases in Fort Myers, Bonita Springs & Sanibel FL

The Department of Labor recently issued a fact sheet on the break time requirement nursing mothers, which I discussed in a previous post.  As a brief review, the Patient Protection and Affordable Care Act included a provision amending the Fair Labor Standards Act to require employers to

"provide reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk."

The fact sheet clarifies the effective date, which was March 23, 2010.  It also addresses issues such as time and location of breaks, covered employers, and compensation for the nursing mothers. 

Of note for many of our readers is the exception for employers with fewer than 50 employees:  if compliance with the provision would "impose an undue hardship," companies with fewer than 50 employees are exempt.  Exemption status will be determined on a case-by-case basis, with consideration given to the size, financial resources, and structure of the business, among other things.

View the fact sheet by downloading it here. 

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With the mountains of paperwork in the workplace these days, HR professionals often question what should -- and what should not -- be kept in an employee's personnel file.  Should it be every single document that refers to the employee?  Should it only be the "important" documents like applications and disciplinary records?  Or should it be something in between? 

As we all know, personnel files are very important, particularly in a time where employment litigation is booming.  A well-kept personnel file just might hold the employer's so-called "smoking gun," and perhaps the key to the case. 

A recent HR Hero email cited to a 2007 Montana Employment Law Letter article addressing this topic.  Briefly, employers should include documents like applications, offer letters, and employment agreements.  Performance documentation and handbook/policy acknowledgments should always be included (remember that "smoking gun" I mentioned?).  Among those documents that should not be included?  Anything related to employee health information, including information regarding health insurance.  This information should be kept in a separate, confidential medical file.

Though not comprehensive, the article is a good guide for what employers should keep in a personnel file.  Legal counsel can help address concerns regarding specific documents.  When in doubt, the best practice is to include a document about which you are unsure.  Better safe than sorry!

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