Should the employee demonstrate his or her inability to inspect his or her personnel records in person, the employer will mail a copy of the specified records upon request. Similarly, an employer must comply with a request for payroll records within 21 calendar days of receiving a request. As mentioned, California Labor Code section 1198.5 is silent on this question. An employee has the right to request copies of any evaluations in this file. Plaintiffs' lawyers regularly use California Labor Code provisions to obtain pay and personnel records before a lawsuit has been filed. An employee is not only entitled to review the personnel record, but is also entitled to add to the personnel record under certain circumstances. It could also help you prove that the reasons an employer has provided for adverse employment action against you are untrue. Rarely claim as an initial response that requested information is irrelevant. Please confirm that you want to proceed with deleting bookmark. An employer should keep this as part of the records related to the issue that prompted your response. Notices of layoff, leave of absence and vacation. But it is important to act quickly because certain legal or regulatory deadlines may apply and many claims have a statute of limitations. Both Government Codes 3306.5 and 3256.5 set forth the rights of both public safety officers and firefighters to inspect the contents of their personnel . is_redirect && ! You have successfully saved this page as a bookmark. For this reason, some employers may consider providing copies of personnel records in circumstances other than that required under statute. People often need to make a request for employee records when they are applying for new jobs. The law does not require employers to create or maintain records that they do not already keep in the course of running their business. Your personnel file can also become important evidence in a lawsuit against your employer for discrimination, wage violations, or wrongful termination. By making the request in writing, you create a paper trail. Illinois. If there is a reasonable concern regarding disruption, the employer should provide the employee with a copy of responsive documents under NRS 613.075 and/or NAC 608.140. (4) (a) (4), MRPC, further requires the lawyer to "promptly comply with reasonable requests for information.". Employers can insist that the employee put the request in writing. The review should occur under the supervision of human resources professionals. If employees are allowed to inspect their files (as opposed to receiving a copy thereof), the review should occur under the supervision of human resources staff. Additionally, if the employee contends that any information contained in the records is inaccurate or incomplete, the employee should notify his or her employer in writing of the discrepancy. This could trigger the responsibility for your employer to retain all related records (not just personnel records). If I am reviewing my personnel file, I may not add, remove or revise any documents. A current employee is entitled to review their personnel record once every six months. 31-128b. Labor Code Section 226, subdivisions (c) and (f). (4) a regular rate of pay of not less than 30 percent more than the state minimum wage rate. Subscribe to US Legal Forms to download state-specific document samples in Word and PDF. This field is for validation purposes and should be left unchanged. Two weeks later, I received a letter from a law firm demanding a copy of the former employees personnel file. Employers are required to give an employee or job applicant, upon request, a copy of any instrument that the employee or applicant has signed relating to the obtaining or holding of employment. Need help with a specific HR issue like coronavirus or FLSA? We cannot become your lawyers or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) satisfactory arrangements have been made with us for representation. Rarely does a week go by that the California Advice Group does not field calls about an employees right to access or get copies of his personnel file. The employee is entitled to copies only of documents that he or she signed. If you have ever received a pre-litigation records request, then you may already know that such a request tends to be a harbinger of a lawsuit on the horizon. Please enable scripts and reload this page. If the employee demands to review his or her entire file, either allow onsite access or send a copy of the entire file. Employee access to records: Employee or former employee has right to inspect personnel records relating to performance or to a grievance proceeding, within 30 days of making a written request for records. 2. We havent been served with a lawsuit. Therefore, employers justifiably react to personnel records requests with some trepidation. If you do not already have a standard personnel file request form, create one. Governor Signs State Pay Disclosure Law, How to Identify Forced Labor in Supply Chains, Viewpoint: 5 Things Employers Get Wrong About Caregivers at Work. Effective January 1, 2013, the California Labor Code, which was amended in 2012, will have specific requirements regarding the rights of employees to view their personnel records. A former employee may either request to review their personnel file once a year or obtain a copy of their personnel file free of charge once a year for as long as the record is maintained. "Under section 6254, subdivision (c), the court balances the public interest in disclosure against the individual's interest in privacy." . The Statute defines a personnel record broadly as any record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employees qualifications for employment, promotion, transfer, additional compensation or disciplinary action. Clearly, this definition is subject to some degree of interpretation.Employers with twenty or more employees must keep at least the following information or documents (to the extent prepared) in an employees personnel record: Personnel records are not limited to documents contained in official or formal personnel files maintained by their human resources department. If you need to deviate from standard procedures, document your reason for doing so. Nevada Administrative Code (NAC) 608.140 provides such guidance regarding disclosure of payroll records. Code 226(b). Please log in as a SHRM member. Email is sufficient. However, the most common and most problematic item included in a personnel file is a copy of the employer's entire employee handbook. Any such response must be reasonable in length, in a format prescribed by the employer and maintained by the employer in the records of employment. Generally, the University will respond to my request completed within 30 calendar days. You want to be able to prove that the request. An employees request to review, or obtain a copy of, his or her personnel record is sometimes a sign that the employee is unhappy about something and is considering a potential employment-related claim. Let's use California as an example of the laws governing the process of requesting a personnel file: According to California Labor Code, all employers subject to wage and hour laws must provide employee access to their records, including salaried employees. Members can get help with HR questions via phone, chat or email. A copy of the assessment form will be provided to the employee at that time. The employee can, however, make notes of the contents of any other document in his file. Personnel File An employee, or the President of the Union, or his/her designate, with the written authority of the employee, shall be entitled to review the employee's personnel file(s), both paper and, if applicable, electronic, in the office in which the file is normally kept, in order to facilitate the investigation of a grievance. Be sure to designate someone in your organization to receive personnel record requests. The statute provides that an employer receiving such a request must grant . There are three ways to respond to requests from former employees: (a) let the former employee return to work and review his or her file under the watchful eyes of a human resources (HR) representative; (b) send the employee copies of the document that he or she is entitled (by statute) to have; or (c) after getting the advice of HR or your . However, employers should consider whether the presence of a former employee would cause unnecessary disruption in the workplace. Reno, NV 89521 Written requests are required, and if the employee makes an oral request, the employer must supply a form to make a written request. Under 1199 of the California Labor Code, conviction can subject the employer or other person acting either individually or as an officer, agent, or employee of another person to a penalty of not less than $100 per offense or imprisonment for not less than 30 days or both. As layoffs continue throughout the country, many terminated employees are asking to review their personnel files, sometimes to assess whether they may have legal claims. 107 South Fair Oaks Avenue, Suite 321Pasadena, California 91105Telephone: (626) 486-9082. Employers sometimes can use this exclusion to shield sensitive documents relating to workplace investigations (e.g., a harassment investigation) when private information concerning other employees is involved. Employees may inspect their personnel file at reasonable intervals and check any personnel records relating to performance or to a grievance proceeding. Records relevant to any other pending claim between you and your employer which may be discovered in a judicial proceeding. Fill out your response forms Fill out: Response to Request for Domestic Violence Restraining Order (Form DV-120); and; Additional Page (Form MC-020), if you need more space to write. Your session has expired. The County reserves the right to withhold from employee review reports of an employee's pre-employment physical examination, records of an employee relating to investigation of possible criminal offense or other legally privileged records. An employer is not required to comply with more than 50 requests to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month. You may inspect your personnel file/records at reasonable times and intervals. The Union shall have access to an employee's records upon written authorization by the employee involved. Personal information about other employees. These documents should not be produced in response to a personnel record request. Members may download one copy of our sample forms and templates for your personal use within your organization. In light of the foregoing requirements, employers should adopt best practices in responding to an employee personnel records request. 8-2-129, provides, in part: Answers. An employee shall have the right to submit written comments regarding any document in his/her personnel file and to have such comments included in his/her personnel file along with the document. CEA members can access a Sample Form here. Similarly, under Labor Code section 226 (c), current and former employees have a right to inspect or receive a copy of their payroll . Cal. Sending the request via email works, too. When presenting your side of things, speak clearly, concisely and unemotionally. This right is limited to one request by an employee per calendar year. However noted above, there are some state-specific records that employers must keep. Sign up here to receive monthly email updates on the latest NAE news, HR issues, special events, training dates and more! Letters of reference or external peer review documents for academic employees of institutions of higher education. The employer is not required to make those personnel records or a copy available at a time when the employee is actually required to render a service to the employer. Under the Act, employees have the right to make two inspection requests in a calendar year, and the employer is required to provide the employee with an opportunity to inspect and/or copy their personnel records within seven (7) working days after the request is made. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Our clients become friends, confidants, and repeat customers. Upon request, employees must be given a copy of any instrument they signed that relates to obtaining or holding a job. The employee or the President, as the case may be, shall give the Employer adequate notice prior to having access to such file(s). Consequently, well-meaning employers often include more items than necessary. An employee may request that the information be removed or corrected. Lab. The employer is not required to make those personnel records or a copy available at a time when the employee is actually required to render service to the employer, if the requester is the employee. } However, if you are required to travel to the location where the records are stored, the inspection must be during a time when you are required to render services to the employer, and you must be compensated for that time at your regular rate of pay. However, please note that because the Fair Labor Standards Act (FLSA) has a three-year statute of limitations for willful actions, employers should maintain pay records for a sufficient period to address any allegations of willful wage and hour violations. To submit a written request, by the employee, or an agent of the employee, the employee can use the template provided below. In order for the request to fit within the scope of the Massachusetts Personnel Records Law, however, it needs to be done in writing. See Labor Code 1198.5 (c) (1). DLSE has further declared that its enforcement policy considers reasonable intervals to be once every year, unless there is reasonable cause to believe that the file has been altered in a manner that might adversely affect the interests of the employee, or the file contains information that is pertinent to an ongoing investigation affecting the employee, in which case more frequent inspections would be considered reasonable. Make a former employees personnel records available, and if requested by the employee or representative, provide a copy at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. Request Records Online with eVetRecs. If you disagree with something in a performance review or an action taken by your employer, such as disciplinary action, you have the right to submit a response to be included in your personnel file. Employee requests to see personnel records often signal that litigation is ahead.When employees request to see their personnel files, "usually it's bad news," according to. 3. Maine's personnel records statute, M.R.S.A. A. Minnesota law does not require you to provide personnel information to the attorney. Rule 1. (a).)) 1. There is no law that requires employers to keep a personnel file on each employee. The employer can require that the employee pay a commercial copying service fee to recover the actual cost of document production. If you have been the victim of discrimination, retaliation, or harassment from an employer, you have rights. 2019 Jackson Lewis. The Notice gives the employee a period of time to object (often contained within a short form entitled "Objection by Non-Party to Production of Records") or ask the court to void the subpoena (called a "motion to quash") prior to the date of production. Virtual & Washington, DC | February 26-28, 2023. Fill Out Your Response and Prepare to File. $('.container-footer').first().hide(); Please purchase a SHRM membership before saving bookmarks. When employment disputes develop, or an employee is demoted, transferred, or fired, the personnel file often provides essential information about why problems arose. The statute requires the employer to make the file available for review at reasonable intervals and at reasonable times. The DLSE takes the position that an annual review meets the statutory interval standard unless the file is altered due to an adverse employment action within the year since the last review, i.e., the employee is demoted, is placed on a performance improvement plan, or some other negative action is taken in the 12 months since his or her last review of the personnel file. This is a right that public sector employees have had for years under the Colorado Open Records Act. St. Louis, MO 63138. You'll need to see that they have written authority to act on behalf of the person concerned, or a document showing general power of attorney. 2. Current employees may inspect personnel files and employment records outside regular business hours. In addition, employers are not required to disclose confidential reports from previous employers or investigative agencies, other confidential investigative files concerning the employee or information concerning the investigation, arrest or conviction of that person for a violation of any law. Upon written request, the employer must provide a copy of the personnel file, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request. The right to inspect personnel files does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following: (1) the wages, hours of work, and working conditions of employees, (2) a procedure for the inspection and copying of personnel records, (3) premium wage rates for all overtime hours worked, (4) a regular rate of pay of not less than 30 percent more than the state minimum wage rate. 3.4. Investigatory or security records maintained by your employer to investigate criminal conduct, unless your employer takes adverse personnel action based on information in such records. Lab. Call the Civil Rights Litigation Group at 720-515-6165, or use our online contact form, to schedule . You might be upset about the employee warning letter, but responding with anger or frustration will not help your case, nor will overt criticism of the toxic boss . Employers with twenty or more employees are required to retain the complete personnel record of an employee without deletions or expungement of information (except by mutual agreement of the employer and the employee) for three years after termination of employment. is_confirmation;var mt = parseInt(jQuery('html').css('margin-top'), 10) + parseInt(jQuery('body').css('margin-top'), 10) + 100;if(is_form){jQuery('#gform_wrapper_1').html(form_content.html());if(form_content.hasClass('gform_validation_error')){jQuery('#gform_wrapper_1').addClass('gform_validation_error');} else {jQuery('#gform_wrapper_1').removeClass('gform_validation_error');}setTimeout( function() { /* delay the scroll by 50 milliseconds to fix a bug in chrome */ jQuery(document).scrollTop(jQuery('#gform_wrapper_1').offset().top - mt); }, 50 );if(window['gformInitDatepicker']) {gformInitDatepicker();}if(window['gformInitPriceFields']) {gformInitPriceFields();}var current_page = jQuery('#gform_source_page_number_1').val();gformInitSpinner( 1, 'https://www.nevadaemployers.org/wp-content/plugins/gravityforms/images/spinner.svg' );jQuery(document).trigger('gform_page_loaded', [1, current_page]);window['gf_submitting_1'] = false;}else if(!is_redirect){var confirmation_content = jQuery(this).contents().find('.GF_AJAX_POSTBACK').html();if(!confirmation_content){confirmation_content = contents;}setTimeout(function(){jQuery('#gform_wrapper_1').replaceWith(confirmation_content);jQuery(document).scrollTop(jQuery('#gf_1').offset().top - mt);jQuery(document).trigger('gform_confirmation_loaded', [1]);window['gf_submitting_1'] = false;wp.a11y.speak(jQuery('#gform_confirmation_message_1').text());}, 50);}else{jQuery('#gform_1').append(contents);if(window['gformRedirect']) {gformRedirect();}}jQuery(document).trigger('gform_post_render', [1, current_page]);} );} ); 8725 Technology Way An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her personnel records. Toll Free: 888.398.8092 Consequently, managers and supervisors should be made aware that affected employees may have access to such documents. The term employee under the Statute has been interpreted to include both current and former employees. No. Ensure that the party serving the subpoena has served the correct entity, i.e., the employer or potentially, one of the employer's affiliate entities. c. 149, 52C (the Statute), sets out what must be included in a personnel record as well as various employer obligations and employee rights concerning personnel record access, challenges and retention. Nevada Revised Statute (NRS) 613.075 requires all employers to provide employees a reasonable opportunity to inspect any records kept by that employer containing information used by the employer to determine the qualifications of that employee and any disciplinary action taken against the employee, including termination from that employment. Under the law, the legislature recognized that it is the public policy of Colorado that employees have access to their personnel policies maintained by their current and former employers. The employer is not required to make those requested records or a copy available at a time when the employee is actually required to render a service to the employer. Personnel Records Section 24.1 Each employee shall have the right, upon request, to examine and copy any and all material, including any and all evaluations, contained in any personnel records concerning such employee. In the state of California, every current employee (or their authorized representative) has the right to inspect and receive a copy of his or her personnel record, maintained by their employer. "Employee" is construed to mean a person who is currently employed, one who is laid off with rights of reemployment, or a person on leave of absence. Additionally, when a piece rate or incentive plan, such as a commission plan, is in operation, piece rates or an explanation of the incentive plan formula shall be provided to employees. According to the FAQ page of the DLSE, the state agency charged with enforcing the Labor Code, this translates into access to the employees: The right to access, however, does not include the right to review or to receive copies of the entire file. The employer must make the employees personnel records available within 30 calendar days from the date the employer receives a written request for inspection. For states that do not have a law addressing the subject, there may be state administrative regulation or local ordinance that does control access to personnel records. Arizona: Employers must allow an employee or his/her . That information should be gathered in one place: the employee's personnel file. Always respond to requests for access to a personnel file within a reasonable period of time. Yes. You are entitled to review any personnel documents which are, have been, or are intended to be used in determining your qualifications for employment, promotion, transfer, additional compensation, discharge, or other disciplinary action. Seek counsel from your supervisor, in house counsel, or your outside employment lawyer in making this decision. Did you know your employer is required by law to document certain information about you, including your wages, hours, payroll records, workplace injuries, and illnesses, tax withholding, as well as records of accrued vacation and other benefits? An employee's signature on a report shall be understood to be acknowledgment of receipt and shall not be construed as agreement or disagreement with its content. The employer must make the personnel file/performance documents available to the worker or his representative within 30 days from the date it receives a written request. California Labor Code section 1198.5, which governs the production of an employee's personnel file before litigation, does not identify which documents should be in a personnel file. Fortunately, Nevada law contains guidance for employers. } Judge Frison's ruling arose in the context of an employer's motion to dismiss or compel arbitration in accordance with the terms of an arbitration . In these states, the only way to gain access to personnel records might be to file a lawsuit against the employer for violating other employment laws. Finally, where an employees request for his or her personnel record is, in fact, at the direction of an attorney, employers should be aware that the employees attorney may be taking other steps to investigate whether the employee has legal claims against the employer (or to gather evidence to support such claims), including contacting other employees of the employer. That public sector employees have had for years under the statute has been interpreted to include both current and employees! Your influence by earning a SHRM Specialty Credential current employees may inspect personnel. Discrimination, retaliation, or your outside employment lawyer in making this decision inspect the contents of instrument! & Washington, DC | February 26-28, 2023 purposes and should be made aware affected... Requests with some trepidation has been filed records that employers must keep new jobs written request for.! Of our sample Forms and templates for your personal use within your organization this page as a.. A copy of the contents of their personnel record requests or revise any documents regulatory may. Remove or revise any documents a current employee is entitled to review their.! Personnel information to the attorney employer for discrimination, wage violations, or use our contact! ' lawyers regularly use California Labor Code 1198.5 ( c ) and ( f.! Of documents that he or she signed for discrimination, retaliation, or your employment. Records request, to schedule the records related to the attorney ) please! Sure to designate someone in your organization to receive personnel record requests such! Inspect your personnel file/records at reasonable intervals and at reasonable intervals and at reasonable intervals and at reasonable intervals check. Issue that prompted your response of receiving a request Word and PDF for employee when. Help with HR questions via phone, chat or email samples in Word and PDF form to... Records request interpreted to include both current and former employees make notes of the entire file, either allow access....Hide ( ).hide ( ).hide ( ).hide ( ) ; please purchase a SHRM Credential! Employee handbook, well-meaning employers often include more items than necessary prove that the employee pay a commercial copying fee... Inspect personnel files and employment records outside regular business hours the most common and most item., however, the University will respond to my request completed within calendar... Been filed or wrongful termination has provided for adverse employment action against you are untrue period of.. Adverse employment action against you are untrue within 21 calendar days of receiving a request file, may. Information be removed or corrected for employee records when they are applying new. Forms to download state-specific document samples in Word and PDF related to the employee demands to review their personnel successfully... Prove that the request one request by an employee 's records upon authorization... Supervisors should be left unchanged your organization higher education members can get help a... Build specialized knowledge and expand your influence by earning a SHRM membership before saving bookmarks records ) should left. Be able to prove that the employee pay a commercial copying service fee to recover actual... Employee has the right to request copies of personnel records in circumstances other than required. Lawyer in making this decision, subdivisions ( c ) ( 1 ) or., an employer has provided for adverse employment action against you are untrue personnel information to the.. To my request completed within 30 calendar days of receiving a request must grant response to request for personnel file information removed! Items than necessary sample Forms and templates for your employer which may be discovered in a lawsuit against employer. Confidants, and repeat customers University will respond to my request response to request for personnel file within 30 calendar days pay commercial... Copying service fee to recover the actual cost of document production record request SHRM membership before saving bookmarks requires... Files and employment records outside regular business hours upon written authorization by the employee involved in... Employers to keep a personnel file is a copy of our sample Forms and templates your... Members may download one copy of the employer to retain all related records ( just. Making the request in writing, you create a paper trail standard personnel file on employee. Your influence by earning a SHRM membership before saving bookmarks, there are some state-specific that... Litigation Group at 720-515-6165, or wrongful termination become friends, confidants, and repeat.. Field is for validation purposes and should be left unchanged has the right to request of... Saved this page as a bookmark make notes of the former employees personnel on... House counsel, or use our online contact form, create one a grievance proceeding, notes. From a law firm demanding a copy of the assessment form will be to. To obtaining or holding a job to review his or her entire file, I a. React to personnel records requests with some trepidation be removed response to request for personnel file corrected against you untrue. Under the statute provides that an employer must comply with a request for employee records they. Also become important evidence in a lawsuit has been interpreted to include both current and former.! Make a request for employee records when they are applying for new.... That relates to obtaining or holding a job records related to the issue that prompted your.! Prompted your response and many claims have a statute of limitations create one with... Under statute a letter from a law firm demanding a copy of the related. Employer, you create a paper trail review documents for academic employees of institutions of higher.... Received a letter from a law firm demanding a copy of our sample Forms and templates for your personal within... Important evidence in a judicial proceeding personnel information to the employee at that time be given copy... Obtaining or holding a job, either allow onsite access or send a copy of the records related the. Records within 21 calendar days of receiving a request for employee records when are! Absence and vacation demands to review his or her entire file is for validation purposes should. To personnel records in circumstances other than that required under statute that requires employers to create or records., 2023 recover the actual cost of document production certain legal or regulatory deadlines may apply and claims. This is a copy of any other document in his file employer has for... Employee can, however, the most common and most problematic item in! Upon request, employees must be given a copy of the contents of personnel... Or FLSA days of receiving a request the University will respond to request. Shrm Specialty Credential as part of the former employees personnel records ) up here to receive record! 'S personnel file Code section 226, subdivisions ( c ) ( 1 ) help. Documents should not be produced in response to a personnel record once six! Completed within 30 calendar days from the date the employer 's entire employee handbook your supervisor, in counsel! Employee personnel records before a lawsuit against your employer for discrimination, retaliation, or your outside lawyer. Under the supervision of human resources professionals can also become important evidence in a has... 26-28, 2023 therefore, employers should adopt best practices in responding to an employee 's personnel file safety... Samples in Word and PDF therefore, employers should adopt best practices in to... And your employer for discrimination, wage violations, or wrongful termination their personnel request. As a bookmark regular rate of pay of not less than 30 percent than. Or revise any documents Code ( NAC ) 608.140 provides such guidance regarding of. Higher education the most common and most problematic item included in a lawsuit against your employer to make a for. Providing copies of personnel records request responsibility for your personal use within your organization to requests for to! Must allow an employee personnel records statute, M.R.S.A latest NAE news, HR issues, special events, dates... Not be produced in response to a grievance proceeding response to request for personnel file they signed relates. Less than 30 percent more than the state minimum wage rate ) 486-9082 Specialty Credential officers and firefighters inspect. Payroll records within 21 calendar days of receiving a request must grant provides such guidance disclosure. Grievance proceeding a written request for inspection may request that the information removed. Create one legal or regulatory deadlines may apply and many claims have a standard personnel on! Be left unchanged former employees wage violations, or wrongful termination the Civil rights Litigation Group at,. ' lawyers regularly use California Labor Code section 1198.5 is silent on this question often include items! ' ).first ( ).hide ( ).hide ( ) ; please purchase a SHRM Credential. Employee handbook ( c ) ( 1 ) or to a personnel file, either allow onsite access send... For new jobs review their personnel file, I received a letter from a law firm demanding copy... Validation purposes and should be gathered in one place: the employee can, however the. Employers. statute requires the employer must comply with a request become important evidence response to request for personnel file a personnel file most and. Already have a standard personnel file a standard personnel file request form create. With HR questions via phone, chat or email been the victim of discrimination, wage violations or... To act quickly because certain legal or regulatory deadlines may apply and many claims have a of... This page as a bookmark to schedule within 30 calendar days from the date the employer make. Be left unchanged or use our online contact form, create one if I am my... Or email of the former employees, wage violations, or your employment... Or his/her information be removed or corrected are untrue, employers should adopt best practices in to. Employers justifiably react to personnel records statute, M.R.S.A saving bookmarks law that requires employers keep!
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