Other Provisions Under existing section Recommended Action Items for Employers of California Private Sector Employees It is recommended that employers: Train all managers on the existence of this new right of current and former employees to request and review a copy of the contents of their personnel files, and the processes by which the organization will channel such requests.
Remind them that they must act upon an employee's verbal request to inspect the employee's personnel file, or to obtain a copy of the file's contents.
Draft a form to be used by employees for requests for inspection and copying under section Understand that if any of their employees are covered by CBAs, requests under the new law may come from union representatives on behalf of union members. Consider providing written notice to affected employees of the name of the person to whom a written inspection request should be submitted.
Update employee handbook references to availability of personnel file review. Confirm that appropriate staff know what items should not be in personnel files e.
If not already in place, consider now adoption and implementation of a recordkeeping policy, to confirm that employment records are kept as long as legally required and, if not needed for other purposes, then appropriately deleted or destroyed.
Identify the position or positions responsible for responding to the requests within the deadlines given by law. For those employees tasked with providing the files for inspection, or a copy of contents of personnel files, train on: Limits on the number of requests by employees and representatives.
Categories of documents that may be withheld from production or copying Site of production for inspection requests e. Determining whether the personnel file rights of employees covered by a CBA are governed by the statute, or by the CBA. Calculating and collecting costs of copying of mailing where necessary. Option for redaction of names of non-supervisory employees from responsive records before production or copying. Get the Latest From Littler. Frank Hugh A. McCabe Clark R.
Hudson Stephen T. Sigler David P. Burke Benjamin J. Howard Alan B. Graves Associates Gina L. Lacagnina Rachel A. Fisher Trevor G. Moran Mark C. Krok Madison A. Download PDF. Third Party Disclosure California law requires all employee personnel files and records be sufficiently protected from third party disclosure.
Copying records: Employer not obligated to permit copying. Employee's right to insert rebuttal: The Bureau of Labor Standards, after a petition and hearing, may allow employee to place a counterstatement in the personnel file, if employee claims that the file contains an error.
Employee access to records: Employer must permit employee to inspect personnel file when given at least 7 days' advance notice excluding weekends and holidays. Employer may limit access to no more than 3 times a year. Conditions for viewing records: Employee may view records at any reasonable time other than employee's work hours. Inspection must take place in presence of employer or employer's representative.
Copying records: Employee may not make copies or remove files from place of inspection. Employer may charge a fee reasonably related to cost of supplying copies. Employee access to records: Employee may have access to personnel records at least once a year within a reasonable time after making a request.
Employee's right to insert rebuttal: Employee may petition annually that employer review all information in employee's personnel file. If there is any irrelevant or incorrect information in the file, employer must remove it. If employee does not agree with employer's review, employee may have a statement of rebuttal or correction placed in file. Former employee has right of rebuttal for two years after termination.
Employee access to records: Employee and former employee must be allowed to inspect personnel records within 7 working days of making request.
Access is permitted twice per calendar year unless a collective bargaining agreement provides otherwise. Employee involved in a current grievance may designate a representative of the union or collective bargaining unit, or other agent, to inspect records that may be relevant to resolving the grievance.
Conditions for viewing records: Employee may view records during normal working hours at a location reasonably near the worksite. If this would require employee to take time off work, employer may provide another reasonable time for review. Copying records: Employee's right of inspection includes the right to make or receive copies. An employer that provides copies may charge only the actual cost of reproduction. Employee's right to insert rebuttal: If employee disagrees with any information in the personnel record and cannot come to an agreement with the employer to remove or correct it, employee may submit an explanatory written statement.
Employer must attach the statement to the disputed portion of the personnel record. Additional laws may apply. If the chart above indicates that your state has no statute, this means there is no law that specifically addresses the issue.
However, there may be a state administrative regulation or local ordinance that does control access to personnel records. Call your state labor department for more information. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Talk to a Lawyer. Grow Your Legal Practice. Meet the Editors. In many states, employees have the right to view, or request a copy of, their personnel files. What's in a Personnel File? Copying records: Employee pays if employer so requests. California Cal. Colorado Colo. Connecticut Conn. Written request required : Yes. Delaware Del. Code Ann. Illinois Ill.
Conditions for viewing records: Employer's representative may be present. Maine Me. Massachusetts Mass. Laws ch. Michigan Mich. Minnesota Minn. Payroll authorization form 3. Notices of layoff, leave of absence, and vacation 5. Notices of wage attachment or garnishment 6. Education and training notices and records 7. Attendance records. However, Labor Code section
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