{"id":4940,"date":"2017-05-22T18:12:53","date_gmt":"2017-05-22T18:12:53","guid":{"rendered":"http:\/\/bortonpetrini.com\/?p=4940"},"modified":"2017-05-22T18:12:53","modified_gmt":"2017-05-22T18:12:53","slug":"frequent-questions-employers-regarding-californias-personnel-file-law","status":"publish","type":"post","link":"https:\/\/bortonpetrini.com\/frequent-questions-employers-regarding-californias-personnel-file-law\/","title":{"rendered":"Frequent Questions from Employers Regarding California\u2019s Personnel File Law"},"content":{"rendered":"

We frequently receive phone calls from employers asking their responsibilities under the ever-expanding California laws regarding employee personnel files.\u00a0 Below is a summary of the top five (5) most frequent questions we are asked by employers:<\/p>\n

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  1. Does an Employee or Former Employee Have Right to Inspect Their Personnel File<\/strong>?<\/li>\n<\/ol>\n

    Yes, both current and former employees have the right to inspect their personnel file.\u00a0 A current employee has the right to inspect their personnel file \u201cat [a] reasonable time and intervals.\u201d\u00a0 There is no specific definition as to what constitutes \u201cat [a] reasonable time and intervals.\u201d\u00a0 However, the California Division of Labor Standards Enforcement has interpreted this clause to mean once a year, unless there is reason to believe the file has been altered in an adverse manner or is pertinent to an ongoing investigation (in which case a more frequent review may be permitted).<\/p>\n

    Likewise, a former employee has a right to inspect their personnel file.<\/p>\n

    The request by both former and current employees should be made in writing.<\/p>\n

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    1. How Long After Someone Leaves Do I Have to Maintain Their Personnel File?<\/strong><\/li>\n<\/ol>\n

      The statute requires a three (3) year minimum to maintain records.\u00a0 However, a more prudent practice would be to keep said records for up to six (6) years to ensure that the records are not needed for any other purpose.<\/p>\n

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      1. Do I Have to Let a Current Employee Inspect Their Personnel File While They are \u201cOn The Clock\u201d?<\/strong><\/li>\n<\/ol>\n

        Generally, no.\u00a0 You can require that an employee inspect their records during their own time.\u00a0 However, if you require an employee to travel to another location to review their personnel file, then you DO need to let them do so during a time that they would otherwise be required to perform services for you, and you must compensate that employee at their regular rate of pay.\u00a0 You could also be required to provide the employee their travel expenses.<\/p>\n

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        1. Do I Have to Let the Employee See Everything? <\/strong><\/li>\n<\/ol>\n

          No.\u00a0 By law, the employee\u2019s right to inspect their personnel files does not include:<\/p>\n

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