On October 11, California’s Governor Gavin Newsom signed SB 513, expanding employee rights under Labor Code § 1198.5 to inspect and obtain their personnel records.
Existing law grants current and former employees the right to inspect and receive copies of personnel records maintained by their employer that relate directly to the employee’s performance or any grievance concerning the employee. Effective January 1, 2026, SB 513 broadens the scope of what qualifies as a “personnel record” to include materials related to education and training provided by the employer.
What Employers Need to Know
Expanded Definition of Personnel Records
The amendment now expressly includes education and training records within the definition of personnel records. Employers who maintain education and training records must ensure they contain the following information.
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The employee’s name.
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The training provider’s name.
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The duration and date of the training.
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The core competencies covered (including equipment or software skills).
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Any resulting certification or qualification.
The amended statute does not impose an independent obligation on employers to maintain education and training records. However, if an employer does so, it must make sure that those records include the above information. Presumably, this new statutory requirement will disincentivize employers from maintaining records relating to education and training unless they are otherwise required to do by another statute or regulation.
Procedures for Access and Copying Personnel Records
Employees, former employees, or their authorized representatives may request to inspect or receive copies of personnel records by submitting a written request or by completing an employer-provided form. Employers must make records available for inspection or provide copies within 30 calendar days of receiving the request, unless a written agreement extends the deadline to no more than 35 days.
Enforcement and Penalties for Non-Compliance
Failure to comply with inspection or copying requirements may result in a $750 penalty. Employees may also seek injunctive relief and recover costs, and reasonable attorney fees. Notably, if a current or former employee files an employment-related lawsuit, the right to access records is suspended.
Takeaways
SB 513 imposes new compliance obligations, particularly around locating, retaining, and producing education and training records. Employers who do not typically send these records to an employee’s personnel file must now do so and must further ensure they include all required information. Employers should review and update recordkeeping practices to mitigate the risk of penalties and litigation.
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