Access to Employee Records

Among the many California Peculiarities that employers must face are special rules on personnel record keeping. In 2012 the Legislature, in enacting AB 2674, made those rules yet more complicated and onerous. Until December 31, 2012, employer obligations to make employee performance records or grievances available were drawn out in the seven subdivisions of Labor Code section 1198.5(a)-(g). Effective January 1, 2013, the statute’s subdivisions now number seventeen, reflecting nine key changes:

One: 

Before, the law gave “employees” the right to inspect records.
Now, former employees and their representatives (i.e., attorneys) are expressly afforded these right.

Two:

Before, employees only had a right to inspect records.
Now, it is a right to inspect and copy.

Three:

Before, there was no specific format or procedure to request records.
Now, employees may make requests orally (to inspect) or in writing (to receive copies), and employers may create a request form that employees can choose to use.

Four:

Before, employers had to make records available at undefined “reasonable intervals.”
Now, former employees can make one request for records per year, representatives 50 requests per month, and current employees – still unclear.
Continue Reading Keeping Up With California’s Newest Requirements on Employer Recordkeeping and Production of Personnel Records