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These articles are designed for general informational purposes. These articles should not be construed as, or substituted for, formal legal advice. Additionally, these articles are not intended to create an attorney-client relationship where none had already existed, or alter the scope of any existing attorney-client relationship.

Employee Personnel File Inspection Rights

On September 30, 2012 the Governor signed AB 2674, which substantially amended Labor Code section 1198.  A brief summary of the amendments to Labor Code section 1198 are set forth below:

  • Current and former employees, or his or her representative, have the right to inspect and receive a copy of the personnel records upon making a written request.
  • Employer must make the contents of personnel records available for inspection within 30 calendar days of the written request, unless the parties agree upon a different date, not to exceed 35 calendar days.
  • Employer must provide copies of personnel records at a charge, not to exceed the actual cost of reproduction, within 30 calendar days of the written request, unless the parties agree upon a different date, not to exceed 35 calendar days.
  • Current employees are permitted to review records where the employee works, while former employees may review the records where the records are stored.
  • Personnel records must be maintained for a period of not less than three years after termination of employment.
  • During the pendency a lawsuit related to a personnel action brought by an employee (current and former), the employee loses his/her inspection rights.
  • Employer is only required to comply with one request per year for inspection or copying of a former employee’s records.

The above is an informational summary, and does not contain all of the specifics of the bill.  If you would like more specific information or need assistance with the preparation of new policies or procedures to implement AB 2674 please contact our office.

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