Effective as of January 1, 2013, California has drastically expanded employees’ rights to request copies of their personnel records. Before A.B. 2674 was enacted, it was unclear whether former employees could request an inspection of their personnel records. However, the new law ensures that both current and former employees have the same rights to inspect and have a copy made of their personnel files. Additionally, an employee can designate a representative to either receive a copy of the personnel file or conduct an inspection of the file, so long as the employee authorizes the designation in writing. Furthermore, a (current) employee cannot lose compensation for inspecting his/her personnel file where the employer requires the employee to inspect or receive a copy at a location other than the place where the employee reports to work. Finally, all employers must comply with a request to view or receive a copy of the personnel record within thirty (30) calendar days of a written request.
For more updates on this act, and other new employment law in California, click here.