Governor Gavin Newsom recently signed Senate Bill (SB) 513, amending Labor Code section 1198.5 to expand the personnel records that employers must make available to current and former employees for inspection to include education and training records. The new law takes effect January 1, 2026.
Existing Law
Under current law, California employers must allow current and former employees to inspect and receive copies of personnel records relating to the employee’s performance or any grievance concerning the employee. Employers generally must respond to written requests within 30 days (or up to 35 days by mutual written agreement) and must retain personnel records for at least three years after separation. Violations can result in a $750 penalty, injunctive relief, and attorney’s fees, and are classified as an infraction under the Labor Code.
New Requirements Under SB 513
SB 513 clarifies that “personnel records relating to the employee’s performance” now also include education and training records. Employers that maintain such records must ensure they contain the following information:
- Employee’s name
- Name of trainer
- Date and duration of training
- Core competencies addressed (e.g., skills in equipment or software)
- Resulting certification or qualification
Because these records now fall within the definition of “personnel records,” they must be produced in response to an employee’s authorized inspection or copy request under section 1198.5.
Employer Impact and Next Steps
Employers should ensure that employees’ education and training records include the above-mentioned details and, upon an authorized request, produce those records within the 30-day statutory window. Proactive compliance will help minimize risk of penalties and streamline future inspection requests.
*Special thanks to CDF Law Clerk Ryan Kim for his research and contributions to this article.
