California Assembly Bill AB1399 Introduced / Bill

 BILL NUMBER: AB 1399INTRODUCED BILL TEXT INTRODUCED BY Committee on Labor and Employment (Swanson (Chair), Alejo, Allen, Furutani, and Yamada) FEBRUARY 28, 2011 An act to amend Section 1198.5 of the Labor Code, relating to employment records. LEGISLATIVE COUNSEL'S DIGEST AB 1399, as introduced, Committee on Labor and Employment. Employment records: right to inspect. Under existing law, an employee has the right to inspect the personnel records that his or her employer maintains relating to the employee's performance or to any grievance concerning the employee. This bill would require an employer to maintain personnel records for a specified period of time and to provide a current or former employee, or his or her representative, an opportunity to inspect and make copies of those records within a specified period of time. In addition, in the event an employer violates these provisions, the bill would permit a current or former employee or the Labor Commissioner to recover a penalty of $750 from the employer, and would further permit a current or former employee to obtain injunctive relief and attorney's fees. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1198.5 of the Labor Code is amended to read: 1198.5. (a) Every  current and former  employee  , and his or her representative,  has the right to inspect  and receive copies of  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  current or former  employee  , or his or her representative,  at reasonable intervals and at reasonable times , but not later than 21 calendar days from the date of a written or oral request for these records. Upon a request from a current or former employee, or his or her representative, the employer shall also provide copies of the personnel records, at a charge not to exceed the actual cost of reproduction  . Except as provided in paragraph  (3)   (4)  of subdivision (c), the employer  shall not be   is not  required to make those personnel records available at a time when the employee is actually required to render service to the employer  , if the requester is the employee  . (c) The employer shall do  one of  the following: (1) Keep a copy of each  current  employee's personnel records at the place where the employee reports to work.  (2) Maintain a copy of each employee's personnel records for a period of not less than four years after termination of employment.   (2)   (3)  Make  the   a current  employee's personnel records available at the place where the employee reports to work within a reasonable period of time following  an employee's   a request by an employee, or his or her representative, but not later than 21 calendar days from the date of a  request.  (3)   (4)  Permit  the   a current  employee  ,   or his or her representative,  to inspect the personnel records at the location where the employer stores the personnel records, with no loss of compensation to the employee.  (5) Make a former employee's personnel records available for inspection at the location where the employer stores the records or, at the request of the former employee, or his or her representative, provide a copy of the personnel records to the former employee, or his or her representative, not later than 21 calendar days from the date of the request.  (d) The requirements of this section  shall   do  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   (Chapter  9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government  Code   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.  (h) If an employer fails to permit a current or former employee, or his or her representative, to inspect or copy personnel records within the times specified in this section, the current or former employee or the Labor Commissioner may recover a penalty of seven hundred fifty dollars ($750) from the employer.   (i) A current or former employee may also bring an action for injunctive relief to obtain compliance with this section, and may recover costs and reasonable attorney's fees in such an action.