California laws about employee access to their own employment records began changing in 2013, and have continued to evolve. The impact of these changes has greatly increased over time, and we’ve seen significant negative impacts on clients when proper care is not taken when responding to a request for access to personnel and payroll records.

The Law – Personnel Records

Current and former employees have the right to inspect the personnel records maintained by their employers that relate to the employee’s performance or to any grievance concerning the employee under Labor Code section 1198.5. Section 1198.5 also requires that you provide the employee with a copy of his/her entire personnel file, if requested, rather than just those documents the employee signed. You may charge a reasonable copying fee and may cover up some information as listed in the statute.

The law permits the employee to designate a representative (including an attorney) to review or receive the file. Because personnel files are highly protected under privacy rules, verify any request that comes from anyone other than directly from the employee. If an employee makes a verbal request, provide a personnel file request form; written requests in another format must still be honored. You have only 30 days from receipt of the request to produce the records (up to 35 days if agreed in writing). There is a $750 penalty for missing the deadline. Specific statutory exceptions about documents that need not be produced should be explored before records are produced.

The Law – Time And Payroll Records

Under Labor Code section 226(b), (c) and (f), employees are entitled to inspect or copy their payroll records, including start/stop time records and payment records/paystubs. Employers must allow inspection or provide a copy within 21 days of the request. Failure can result in an additional $750 penalty.

Best Practices

Proceed with caution when responding to a request for inspection or production of personnel or payroll records. The mere fact of a request can signal trouble brewing. When reviewing records for clients in response to such requests, we often find documents that should never have been placed in the personnel file or payroll records. Responding to the request can provide an opportunity to legally and ethically clean up employee records for compliance. Respond to all records requests in a timely manner, but proceed carefully to follow the law and best practices.

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