As a current or former employee of a California employer you have a right to to receive or inspect a copy of your personnel and wage records. A California employer is required to keep such records for three (3) years after the employee has left the California employer. There is a modest fine, and associated attorneys fees provision in the event the California employer fails to provide the records within the statutory period. A new addition in 2013 is that the law makes the failure to provide the requested records a misdemeanor. Prior to the change in the law in 2013 the failure to provide such records was actually a misdemeanor.
Many former and current employees request our assistance in requesting personnel and wage records from their employer. If you believe that your California employer has engage in wrongful termination, wage theft, or any other type of adverse action and you are seeking your personnel file please call our labor and employment lawyer today to discuss your employment rights.
Labor Code Section 1198.5
1198.5. (a) Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee's performance or to any grievance concerning the employee. (b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer's receipt of the written request. Upon a written request from a current or former employee, or his or her representative, the employer shall also provide a copy of the personnel records, 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, unless the current or former employee, or his or her representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employer's receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.