The law also specifically details where and how the records must be made available, including copies, what information can be excluded or redacted from the file, and penalties for failure to comply. The law lists employee rights and employer obligations.

• Personnel File Checklist

Employer’s Obligation to Retain Records

An employer is required to maintain a copy of each employee’s personnel records for a period of not less than four years after termination of employment. 2

Employee’s Right to Inspect and Copy

Every current and former 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.3

Current and former employees have the right to not only inspect the file but also to receive a copy of the contents. If a copy is requested, the employee or former employee can be charged the actual cost of copying.4

Employees have the right to designate a representative to conduct the inspection of the file or receive a copy of the file. The representative must be authorized in writing by the employee or former employee to inspect or receive a copy of the personnel file.5

Employers may take reasonable steps to verify the identity of a current or former employee or his or her authorized representative.6 For example, the employer may request a driver’s license or valid photo ID.

Manner of Requesting Inspection or Copy

The employer may designate a representative to handle requests for access to personnel records.7

Any request to inspect or copy personnel records must be made in writing by the current or former employee, or his or her representative.8

• Employers must develop and provide a written form that employees can use to request access to, and a copy of, records in the personnel file.

• The written form must be made available to the employee (or representative) upon verbal request from the employee to either the employee’s supervisor or an individual that the employer has designated as a representative to receive a verbal request for the form.9

• Personnel Records Request

Timing of Inspection or Copying

While the law states that the employer should make records available at reasonable intervals and at reasonable times, the law imposes specific deadlines for allowing inspection or producing copies:

• The employer must make the contents available for inspection or produce a copy not later than 30 calendar days after the employer receives the written request.10
• If the employer and the current/former employee or representative agree in writing to a date beyond 30 calendar days, additional time will be allowed — as long as the agreed upon date does not exceed 35 calendar days from the employer’s receipt of the written request.

Location of Inspection

For current employees, the employer must make the records available for inspection, and, if requested, provide a copy, at either:11

• The place where the employee reports to work, or,
• Another location agreeable to the employer and the requester.

If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, the employee cannot lose compensation for the time away from work.

For former employees, the employer must make the records available for inspection, and, if requested, provide a copy:12

• At the location where the employer stores the records, unless the parties mutually agree in writing to a different location.
• By mail if the former employee reimburses the employer for actual expenses.

If a former employee was terminated for a violation of law, or employment-related policy, involving harassment or workplace violence an employer may comply with a personnel records request by either:13

• Making the personnel records available to the former employee at a location other than the workplace that is a reasonable driving distance of the former employee’s residence.
• Providing a copy of the personnel records by mail.

Limits to Requests

An employer is not required to comply with more than 50 requests under this statute to inspect and receive a copy of personnel records filed by a representative(s) of employees in one calendar month.14

An employer is not required to comply with more than one request per year by a former employee to inspect or receive a copy of his or her personnel records.15

If an employee or former employee files a lawsuit that relates to a personnel matter against the employer or former employer, the right to inspect or copy personnel records ceases while the lawsuit is pending.16

What is Included in a Personnel File

The question often arises as to what should be kept in an employee’s personnel file. Some information should be kept separate from the personnel file. California law mandates that employers establish appropriate procedures to ensure all employee medical records and information will remain confidential and will be protected from unauthorized use and disclosure.

One appropriate procedure for ensuring confidentiality is to establish a second file for each employee for information protected by privacy laws. This confidential file may contain medical records and any other sensitive information, such as private financial records. For more information, see Keeping Employee Information Private.

But aside from these type of privacy limitations, the decision regarding what information to place in an employee’s personnel file depends on your company’s practices and should take into consideration who has access to the file. The following types of information could be included in personnel files:

• Employment application and/or resume
• Payroll authorization forms
• Records reflecting a change in payroll rate, date of seniority and other changes such as name change, date of birth and correction of Social Security number
• Notices of commendation, warning, discipline or termination
• Notices of layoff, leave of absence and similar matter
• Notices of union requirements and membership dues check-off
• Education and training notices and records
• Test results (tests associated with the job, such as typing)
• Performance appraisal or interview evaluation ratings
• Attendance and absence records
• Promotion recommendations
• Production, quality and other individual records
• Records of grievances

• Effective January 1, 2026, California requires employers to include the following information in their education and training records:

• The name of the employee.
• The name of the training provider.
• The duration and date of the training.
• The core competencies of the training, including skills in equipment or software.
• The resulting certification or qualification.

What you decide to include in the file may depend on who has access, and you may even decide to have more than one type of file — one for direct supervisors that includes information such as performance evaluations and absence records (excluding medical information) and another for your human resources manager that includes payroll information and more sensitive information, such as wage garnishments or investigative files. If, for example, your company only allows your human resources department to access the entire file, your company may feel comfortable including a wide variety of information in the personnel file.

Exceptions to an Employee’s Right to Access Personnel Files

• While the statute does not define a personnel file or indicate what specifically should be included in it, employers have the right to redact the name of any nonsupervisory employee from the records being copied or produced.17

An employee’s right to view their personnel file does not apply to:18

• Records relating to the investigation of a possible criminal offense
• Letters of reference
• Ratings, reports or records:
• Obtained prior to the employee’s employment
• Prepared by identifiable examination committee members
• Obtained in connection with a promotional examination
• Employees covered by the Public Safety Officers Procedural Bill of Rights
• Employees of agencies covered by the Information Practices Act of 1977
• Employees covered by valid collective bargaining agreements if the agreement expressly provides for all of the following:
• Wages, hours of work and working conditions of employees
• A procedure for inspection and copying of personnel records
• Premium wage rates for all overtime hours worked
• A regular rate of pay of not less than 30 percent more than the state minimum wage

Penalties

The law provides that violation is an infraction.19 It also permits a current or former employee or the Labor Commissioner to recover a penalty of $750 from the employer if the employer fails to permit inspection or copying within the times discussed in the law. The current or former employee may also bring an action for an injunction to force compliance and may recover costs and attorneys’ fees.20

1. Lab. Code sec. 1198.5