A refresher on Nevada personnel file rules in wake of COVID-19

With COVID-19 plaguing businesses throughout the first half of 2020, employee health information is being transmitted with increased frequency. In addition, with HR professionals increasingly performing work remotely, proper recordkeeping may begin to take a backseat to other pressing business needs. Although we remain in uncertain times, federal and state laws—including those pertaining to personnel files and medical records—remain in effect, and the possibility of penalties for noncompliance continues to loom. For that reason, a brief refresher on Nevada’s personnel file rules follows.

Employee’s personnel ‘file’ should actually consist of multiple files

Many businesses maintain personnel files primarily so they can serve as a central repository for employment-related documents, such as offer letters, records of promotions, pay increases, and the like. While supervisors and members of the HR team may need regular access to these types of documents, there are other types of personnel documents, such as tax forms, employee benefits paperwork, and employee health information, that are far more sensitive and should be restricted so only business representatives with a need to know such information are permitted to access them.

For that reason, whether personnel files are stored in hard copy or electronic form, best practices include maintaining multiple files for each employee, so sensitive and private information is segregated and protected from unauthorized access. HR should “own” the files so they are stored in a centralized location, and the access rules can be closely monitored.