What are Personnel Records?

This year, California enacted a new law that requires employers to maintain personnel records for at least four years, increasing from the prior two year limit. Personnel records are often a crucial piece of many employment law cases, and not all employees understand what types of information is retained in personnel files. If you have questions about a potential lawsuit against your employer, call or contact an experienced California employment law attorney in your area today.

New Personnel Record Law

The new California law, also known as SB 807, mandates that employers keep all personnel records for a minimum of four years, which increases the previous minimum of only two years. In addition, SB 807 requires that employers keep personnel files until the statute of limitations has run or the conclusion of litigation, whichever is later, when a lawsuit has been filed by an employee who may require the use of personnel files in the case.

What are Personnel Records?

One issue pertaining to the new law is that there is no set definition under California law of what constitutes a personnel record. Under the state’s Labor Code, employers must make available any personnel record for inspection that includes any information about the performance of the employee or any grievance about the employee within thirty days of a request. However, the state’s Division of Labor Standards Enforcement (DLSE) has a broader definition of personnel records, which includes any information that is used to determine an employee’s qualifications for promotion, additional compensation, or disciplinary action, including that for termination. Failure to allow an employee to review their personnel record can result in a fine up to $750 for each offense.

Information that is considered a personnel record under the broader DLSE standard includes, but is not limited to, the following: 

• Employment application,
• Payroll authorization form,
• Notices of commendation, warning, discipline, or termination,
• Notices of layoff, leave of absence, or vacation,
• Notice of wage garnishment or attachment,
• Education or training notices and records,
• Performance appraisals or reviews, and
• Attendance records

However, it is also important to note that not everything in an employee’s record is considered part of their personnel file and subject to inspection. Examples of documents that are not considered part of a personnel file in California include the following: 

• Records relating to the investigation of a possible criminal offense,
• Letters of reference,
• Ratings, reports, or records that were obtained prior to employment, prepared by an examination committee, or obtained in connection with a promotional examination

If you are interested in learning more about how to access your personnel record or what the obligations of your employer entail, talk to an employment law attorney today.

Call or Contact a Lawyer Now

Are you an employee in California who believes that you may have a case against your employer? If so, an experienced and knowledgeable employment law attorney may be able to help. Call the office or contact a lawyer near you to schedule a consultation of your case.