The California Department of Fair Employment and Housing (DFEH) enforces civil rights laws with respect to housing and employment. In 2022, Senate Bill 807 (SB 807) changed the requirements for employers to maintain and preserve personnel records. Effective January 1, 2022, employers must now preserve these records for a minimum of four years, and possibly longer if a DFEH complaint has been filed. This means records must be kept four years from the date of creation and four years from the date of termination of an employee or non-hire of an applicant. Furthermore, if an employer has notice that a verified complaint has been filed against it under the law, then it must preserve all records and files until the period for filing the civil action has expired or the first date after the complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. Previous law required preservation of such records for two years.
SB 807 also tolled the deadline for DFEH to file a civil action pursuant to the law while mandatory or voluntary dispute resolution is pending. The deadlines are tolled until either DFEH files a civil action for the alleged violation or one year after DFEH issues a written notice that it has closed its investigation without electing to file a civil action for the alleged violation. DFEH must issue its Right-to-Sue Notice no later than two years after filing of the complaint for group...
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