Haw. Code R. § 12-46-21 - Record keeping requirements

(a) Any personnel or employment record made or kept by an employer, employment agency, or labor organization shall be preserved by the employer for one year from the date of the making of the record or the personnel action involved, whichever occurs later. The records shall include but not be limited to forms, applications, and records having to do with:

(1) Hiring;

(2) Promotion;

(3) Demotion;

(4) Layoff or termination;

(5) Rates of pay or other terms of compensation;

(6) Labor organization membership;

(7) Selection for training or apprenticeship; and

(8) Employment referrals.

(b) In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for one year from the date of termination.

(c) Where a complaint has been filed or civil action has been brought against a respondent under chapters 489 or 515 or part I of chapter 378, HRS, the respondent shall preserve all records, including any personnel records, relevant to the complaint or action until final disposition of the complaint or action.

(1) "Personnel records relevant to the complaint" include:

(A) Personnel or employment records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant; and

(B) Application forms or test papers completed by the complainant and by all other candidates for the same position as that for which the complainant applied and was rejected.

(2) "Final disposition of the complaint or action" means:

(A) A conciliation agreement is approved by the commission;

(B) The date of expiration of the statutory period within which the complainant may bring an action in circuit court; or

(C) Where civil action is brought against the respondent by the complainant, the date on which the litigation is terminated by entry of a final order and time for filing a notice of appeal has expired.

Notes

Haw. Code R. § 12-46-21

[Eff 12/31/90] (Auth: HRS § 368-3) (Imp: HRS §§ 368-3, 378-6)