Legal Question in Employment Law in California

Re: Access to personnel file

California Labor Code:

1198.5. (a) Every employee has the right to inspect the personnel

records that the employer maintains relating to the employee's

performance or to any grievance concerning the employee.

(b) The employer shall make the contents of those personnel

records available to the employee at reasonable intervals and at

reasonable times. Except as provided in paragraph (3) of subdivision

(c), the employer shall not be required to make those personnel

records available at a time when the employee is actually required to

render service to the employer.

(c) The employer shall do one of the following:

(1) Keep a copy of each employee's personnel records at the place

where the employee reports to work.

(2) Make the employee's personnel records available at the place

where the employee reports to work within a reasonable period of time

following an employee's request.

(3) Permit the employee to inspect the personnel records at the

location where the employer stores the personnel records, with no

loss of compensation to the employee.

(d) The requirements of this section shall not apply to:

(1) Records relating to the investigation of a possible criminal

offense.

(2) Letters of reference.

(3) Ratings, reports, or records that were:

(A) Obtained prior to the employee's employment.

(B) Prepared by identifiable examination committee members.

(C) Obtained in connection with a promotional examination.

(4) Employees who are subject to the Public Safety Officers

Procedural Bill of Rights, Chapter 9.7 (commencing with Section 3300)

of Division 4 of Title 1 of the Government Code.

(5) Employees of agencies subject to the Information Practices Act

of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of

Division 3 of the Civil Code).

(e) The Labor Commissioner may adopt regulations that determine

the reasonable times and reasonable intervals for the inspection of

records maintained by an employer that is not a public agency.

(f) If a public agency has established an independent employee

relations board or commission, an employee shall first seek relief

regarding any matter or dispute relating to this section from that

board or commission before pursuing any available judicial remedy.

(g) In enacting this section, it is the intent of the Legislature

to establish minimum standards for the inspection of personnel

records by employees. Nothing in this section shall be construed to

prevent the establishment of additional rules for the inspection of

personnel records that are established as the result of agreements

between an employer and a recognized employee organization.