| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 513Introduced by Senator DurazoFebruary 19, 2025An act to amend Section 1198.5 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTSB 513, as introduced, Durazo. Personnel records.Existing law grants current and former employees, or their representative, the right to inspect and receive a copy of personnel records maintained by the employer relating to the employees performance or to any grievance concerning the employee. Existing law requires the employer to make the contents of those personnel records available for inspection, as specified, and makes it a crime for an employer to violate these requirements.This bill would provide that personnel records relating to the employees performance include education and training records and would require an employer who maintains education and training records to ensure those records include specified information.By expanding the scope of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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) (1) Every current and former employee, or his or her their representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employees performance performance, including education or training records, or to any grievance concerning the employee.(2) An employer who maintains education or training records shall ensure those records include all of the following:(A) The name of the employee.(B) The name of the trainer.(C) The duration and date of the training.(D) The core competencies of a training, including skills in equipment or software.(E) The resulting certification or qualification.(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Upon a written request from a current or former employee, or his or her their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.(2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways:(i) Written and submitted by the current or former employee or his or her their representative.(ii) Written and submitted by the current or former employee or his or her their representative by completing an employer-provided form.(B) An employer-provided form shall be made available to the employee or his or her their representative upon verbal request to the employees supervisor or, if known to the employee or his or her their representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.(c) The employer shall do all of the following:(1) With regard to all employees, maintain a copy of each employees personnel records for a period of not less than three years after termination of employment.(2) With regard to current employees, make a current employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the place where the employee reports to work, or at 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 they report to work, no loss of compensation to the employee is permitted.(3) (A) With regard to former employees, make a former employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if he or she reimburses they reimburse the employer for actual postal expenses.(B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect his or her their personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the employer may comply with the request by doing one of the following:(I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employees residence.(II) Providing a copy of the personnel records by mail.(ii) Nothing in this subparagraph shall limit a former employees right to receive a copy of his or her their personnel records.(d) An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her their personnel records.(e) The employer may take reasonable steps to verify the identity of a current or former employee or his or her their authorized representative. For purposes of this section, representative means a person authorized in writing by the employee to inspect, or receive a copy of, his or her their personnel records.(f) The employer may designate the person to whom a request is made.(g) Prior to Before making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein.(h) The requirements of this section 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 employees 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 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government 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).(i) 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.(j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization.(k) If an employer fails to permit a current or former employee, or his or her their representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided 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.(l) 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 attorneys fees in such an action.(m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section.(n) If an employee or former employee files a lawsuit that relates to a personnel matter against his or her their employer or former employer, the right of the employee, former employee, or his or her their representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction.(o) For purposes of this section, a lawsuit relates to a personnel matter if a current or former employees personnel records are relevant to the lawsuit.(p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month.(q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following:(1) The wages, hours of work, and working conditions of employees.(2) A procedure for the inspection and copying of personnel records.(3) Premium wage rates for all overtime hours worked.(4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 513Introduced by Senator DurazoFebruary 19, 2025An act to amend Section 1198.5 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTSB 513, as introduced, Durazo. Personnel records.Existing law grants current and former employees, or their representative, the right to inspect and receive a copy of personnel records maintained by the employer relating to the employees performance or to any grievance concerning the employee. Existing law requires the employer to make the contents of those personnel records available for inspection, as specified, and makes it a crime for an employer to violate these requirements.This bill would provide that personnel records relating to the employees performance include education and training records and would require an employer who maintains education and training records to ensure those records include specified information.By expanding the scope of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 513 |
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| 15 | 15 | | Introduced by Senator DurazoFebruary 19, 2025 |
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| 17 | 17 | | Introduced by Senator Durazo |
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| 18 | 18 | | February 19, 2025 |
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| 20 | 20 | | An act to amend Section 1198.5 of the Labor Code, relating to employment. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 513, as introduced, Durazo. Personnel records. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law grants current and former employees, or their representative, the right to inspect and receive a copy of personnel records maintained by the employer relating to the employees performance or to any grievance concerning the employee. Existing law requires the employer to make the contents of those personnel records available for inspection, as specified, and makes it a crime for an employer to violate these requirements.This bill would provide that personnel records relating to the employees performance include education and training records and would require an employer who maintains education and training records to ensure those records include specified information.By expanding the scope of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 30 | 30 | | Existing law grants current and former employees, or their representative, the right to inspect and receive a copy of personnel records maintained by the employer relating to the employees performance or to any grievance concerning the employee. Existing law requires the employer to make the contents of those personnel records available for inspection, as specified, and makes it a crime for an employer to violate these requirements. |
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| 32 | 32 | | This bill would provide that personnel records relating to the employees performance include education and training records and would require an employer who maintains education and training records to ensure those records include specified information. |
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| 33 | 33 | | |
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| 34 | 34 | | By expanding the scope of an existing crime, this bill would impose a state-mandated local program. |
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| 35 | 35 | | |
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| 36 | 36 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 37 | 37 | | |
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| 38 | 38 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 39 | 39 | | |
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| 40 | 40 | | ## Digest Key |
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| 42 | 42 | | ## Bill Text |
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| 44 | 44 | | 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) (1) Every current and former employee, or his or her their representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employees performance performance, including education or training records, or to any grievance concerning the employee.(2) An employer who maintains education or training records shall ensure those records include all of the following:(A) The name of the employee.(B) The name of the trainer.(C) The duration and date of the training.(D) The core competencies of a training, including skills in equipment or software.(E) The resulting certification or qualification.(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Upon a written request from a current or former employee, or his or her their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.(2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways:(i) Written and submitted by the current or former employee or his or her their representative.(ii) Written and submitted by the current or former employee or his or her their representative by completing an employer-provided form.(B) An employer-provided form shall be made available to the employee or his or her their representative upon verbal request to the employees supervisor or, if known to the employee or his or her their representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.(c) The employer shall do all of the following:(1) With regard to all employees, maintain a copy of each employees personnel records for a period of not less than three years after termination of employment.(2) With regard to current employees, make a current employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the place where the employee reports to work, or at 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 they report to work, no loss of compensation to the employee is permitted.(3) (A) With regard to former employees, make a former employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if he or she reimburses they reimburse the employer for actual postal expenses.(B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect his or her their personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the employer may comply with the request by doing one of the following:(I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employees residence.(II) Providing a copy of the personnel records by mail.(ii) Nothing in this subparagraph shall limit a former employees right to receive a copy of his or her their personnel records.(d) An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her their personnel records.(e) The employer may take reasonable steps to verify the identity of a current or former employee or his or her their authorized representative. For purposes of this section, representative means a person authorized in writing by the employee to inspect, or receive a copy of, his or her their personnel records.(f) The employer may designate the person to whom a request is made.(g) Prior to Before making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein.(h) The requirements of this section 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 employees 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 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government 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).(i) 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.(j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization.(k) If an employer fails to permit a current or former employee, or his or her their representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided 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.(l) 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 attorneys fees in such an action.(m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section.(n) If an employee or former employee files a lawsuit that relates to a personnel matter against his or her their employer or former employer, the right of the employee, former employee, or his or her their representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction.(o) For purposes of this section, a lawsuit relates to a personnel matter if a current or former employees personnel records are relevant to the lawsuit.(p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month.(q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following:(1) The wages, hours of work, and working conditions of employees.(2) A procedure for the inspection and copying of personnel records.(3) Premium wage rates for all overtime hours worked.(4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 46 | 46 | | The people of the State of California do enact as follows: |
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| 48 | 48 | | ## The people of the State of California do enact as follows: |
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| 50 | 50 | | SECTION 1. Section 1198.5 of the Labor Code is amended to read:1198.5. (a) (1) Every current and former employee, or his or her their representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employees performance performance, including education or training records, or to any grievance concerning the employee.(2) An employer who maintains education or training records shall ensure those records include all of the following:(A) The name of the employee.(B) The name of the trainer.(C) The duration and date of the training.(D) The core competencies of a training, including skills in equipment or software.(E) The resulting certification or qualification.(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Upon a written request from a current or former employee, or his or her their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.(2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways:(i) Written and submitted by the current or former employee or his or her their representative.(ii) Written and submitted by the current or former employee or his or her their representative by completing an employer-provided form.(B) An employer-provided form shall be made available to the employee or his or her their representative upon verbal request to the employees supervisor or, if known to the employee or his or her their representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.(c) The employer shall do all of the following:(1) With regard to all employees, maintain a copy of each employees personnel records for a period of not less than three years after termination of employment.(2) With regard to current employees, make a current employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the place where the employee reports to work, or at 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 they report to work, no loss of compensation to the employee is permitted.(3) (A) With regard to former employees, make a former employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if he or she reimburses they reimburse the employer for actual postal expenses.(B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect his or her their personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the employer may comply with the request by doing one of the following:(I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employees residence.(II) Providing a copy of the personnel records by mail.(ii) Nothing in this subparagraph shall limit a former employees right to receive a copy of his or her their personnel records.(d) An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her their personnel records.(e) The employer may take reasonable steps to verify the identity of a current or former employee or his or her their authorized representative. For purposes of this section, representative means a person authorized in writing by the employee to inspect, or receive a copy of, his or her their personnel records.(f) The employer may designate the person to whom a request is made.(g) Prior to Before making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein.(h) The requirements of this section 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 employees 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 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government 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).(i) 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.(j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization.(k) If an employer fails to permit a current or former employee, or his or her their representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided 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.(l) 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 attorneys fees in such an action.(m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section.(n) If an employee or former employee files a lawsuit that relates to a personnel matter against his or her their employer or former employer, the right of the employee, former employee, or his or her their representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction.(o) For purposes of this section, a lawsuit relates to a personnel matter if a current or former employees personnel records are relevant to the lawsuit.(p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month.(q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following:(1) The wages, hours of work, and working conditions of employees.(2) A procedure for the inspection and copying of personnel records.(3) Premium wage rates for all overtime hours worked.(4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate. |
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| 52 | 52 | | SECTION 1. Section 1198.5 of the Labor Code is amended to read: |
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| 54 | 54 | | ### SECTION 1. |
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| 56 | 56 | | 1198.5. (a) (1) Every current and former employee, or his or her their representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employees performance performance, including education or training records, or to any grievance concerning the employee.(2) An employer who maintains education or training records shall ensure those records include all of the following:(A) The name of the employee.(B) The name of the trainer.(C) The duration and date of the training.(D) The core competencies of a training, including skills in equipment or software.(E) The resulting certification or qualification.(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Upon a written request from a current or former employee, or his or her their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.(2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways:(i) Written and submitted by the current or former employee or his or her their representative.(ii) Written and submitted by the current or former employee or his or her their representative by completing an employer-provided form.(B) An employer-provided form shall be made available to the employee or his or her their representative upon verbal request to the employees supervisor or, if known to the employee or his or her their representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.(c) The employer shall do all of the following:(1) With regard to all employees, maintain a copy of each employees personnel records for a period of not less than three years after termination of employment.(2) With regard to current employees, make a current employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the place where the employee reports to work, or at 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 they report to work, no loss of compensation to the employee is permitted.(3) (A) With regard to former employees, make a former employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if he or she reimburses they reimburse the employer for actual postal expenses.(B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect his or her their personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the employer may comply with the request by doing one of the following:(I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employees residence.(II) Providing a copy of the personnel records by mail.(ii) Nothing in this subparagraph shall limit a former employees right to receive a copy of his or her their personnel records.(d) An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her their personnel records.(e) The employer may take reasonable steps to verify the identity of a current or former employee or his or her their authorized representative. For purposes of this section, representative means a person authorized in writing by the employee to inspect, or receive a copy of, his or her their personnel records.(f) The employer may designate the person to whom a request is made.(g) Prior to Before making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein.(h) The requirements of this section 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 employees 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 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government 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).(i) 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.(j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization.(k) If an employer fails to permit a current or former employee, or his or her their representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided 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.(l) 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 attorneys fees in such an action.(m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section.(n) If an employee or former employee files a lawsuit that relates to a personnel matter against his or her their employer or former employer, the right of the employee, former employee, or his or her their representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction.(o) For purposes of this section, a lawsuit relates to a personnel matter if a current or former employees personnel records are relevant to the lawsuit.(p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month.(q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following:(1) The wages, hours of work, and working conditions of employees.(2) A procedure for the inspection and copying of personnel records.(3) Premium wage rates for all overtime hours worked.(4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate. |
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| 57 | 57 | | |
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| 58 | 58 | | 1198.5. (a) (1) Every current and former employee, or his or her their representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employees performance performance, including education or training records, or to any grievance concerning the employee.(2) An employer who maintains education or training records shall ensure those records include all of the following:(A) The name of the employee.(B) The name of the trainer.(C) The duration and date of the training.(D) The core competencies of a training, including skills in equipment or software.(E) The resulting certification or qualification.(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Upon a written request from a current or former employee, or his or her their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.(2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways:(i) Written and submitted by the current or former employee or his or her their representative.(ii) Written and submitted by the current or former employee or his or her their representative by completing an employer-provided form.(B) An employer-provided form shall be made available to the employee or his or her their representative upon verbal request to the employees supervisor or, if known to the employee or his or her their representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.(c) The employer shall do all of the following:(1) With regard to all employees, maintain a copy of each employees personnel records for a period of not less than three years after termination of employment.(2) With regard to current employees, make a current employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the place where the employee reports to work, or at 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 they report to work, no loss of compensation to the employee is permitted.(3) (A) With regard to former employees, make a former employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if he or she reimburses they reimburse the employer for actual postal expenses.(B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect his or her their personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the employer may comply with the request by doing one of the following:(I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employees residence.(II) Providing a copy of the personnel records by mail.(ii) Nothing in this subparagraph shall limit a former employees right to receive a copy of his or her their personnel records.(d) An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her their personnel records.(e) The employer may take reasonable steps to verify the identity of a current or former employee or his or her their authorized representative. For purposes of this section, representative means a person authorized in writing by the employee to inspect, or receive a copy of, his or her their personnel records.(f) The employer may designate the person to whom a request is made.(g) Prior to Before making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein.(h) The requirements of this section 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 employees 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 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government 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).(i) 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.(j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization.(k) If an employer fails to permit a current or former employee, or his or her their representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided 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.(l) 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 attorneys fees in such an action.(m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section.(n) If an employee or former employee files a lawsuit that relates to a personnel matter against his or her their employer or former employer, the right of the employee, former employee, or his or her their representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction.(o) For purposes of this section, a lawsuit relates to a personnel matter if a current or former employees personnel records are relevant to the lawsuit.(p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month.(q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following:(1) The wages, hours of work, and working conditions of employees.(2) A procedure for the inspection and copying of personnel records.(3) Premium wage rates for all overtime hours worked.(4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate. |
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| 59 | 59 | | |
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| 60 | 60 | | 1198.5. (a) (1) Every current and former employee, or his or her their representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employees performance performance, including education or training records, or to any grievance concerning the employee.(2) An employer who maintains education or training records shall ensure those records include all of the following:(A) The name of the employee.(B) The name of the trainer.(C) The duration and date of the training.(D) The core competencies of a training, including skills in equipment or software.(E) The resulting certification or qualification.(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Upon a written request from a current or former employee, or his or her their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.(2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways:(i) Written and submitted by the current or former employee or his or her their representative.(ii) Written and submitted by the current or former employee or his or her their representative by completing an employer-provided form.(B) An employer-provided form shall be made available to the employee or his or her their representative upon verbal request to the employees supervisor or, if known to the employee or his or her their representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.(c) The employer shall do all of the following:(1) With regard to all employees, maintain a copy of each employees personnel records for a period of not less than three years after termination of employment.(2) With regard to current employees, make a current employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the place where the employee reports to work, or at 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 they report to work, no loss of compensation to the employee is permitted.(3) (A) With regard to former employees, make a former employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if he or she reimburses they reimburse the employer for actual postal expenses.(B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect his or her their personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the employer may comply with the request by doing one of the following:(I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employees residence.(II) Providing a copy of the personnel records by mail.(ii) Nothing in this subparagraph shall limit a former employees right to receive a copy of his or her their personnel records.(d) An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her their personnel records.(e) The employer may take reasonable steps to verify the identity of a current or former employee or his or her their authorized representative. For purposes of this section, representative means a person authorized in writing by the employee to inspect, or receive a copy of, his or her their personnel records.(f) The employer may designate the person to whom a request is made.(g) Prior to Before making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein.(h) The requirements of this section 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 employees 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 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government 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).(i) 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.(j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization.(k) If an employer fails to permit a current or former employee, or his or her their representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided 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.(l) 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 attorneys fees in such an action.(m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section.(n) If an employee or former employee files a lawsuit that relates to a personnel matter against his or her their employer or former employer, the right of the employee, former employee, or his or her their representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction.(o) For purposes of this section, a lawsuit relates to a personnel matter if a current or former employees personnel records are relevant to the lawsuit.(p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month.(q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following:(1) The wages, hours of work, and working conditions of employees.(2) A procedure for the inspection and copying of personnel records.(3) Premium wage rates for all overtime hours worked.(4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate. |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | |
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| 64 | 64 | | 1198.5. (a) (1) Every current and former employee, or his or her their representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employees performance performance, including education or training records, or to any grievance concerning the employee. |
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| 65 | 65 | | |
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| 66 | 66 | | (2) An employer who maintains education or training records shall ensure those records include all of the following: |
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| 67 | 67 | | |
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| 68 | 68 | | (A) The name of the employee. |
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| 69 | 69 | | |
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| 70 | 70 | | (B) The name of the trainer. |
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| 71 | 71 | | |
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| 72 | 72 | | (C) The duration and date of the training. |
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| 73 | 73 | | |
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| 74 | 74 | | (D) The core competencies of a training, including skills in equipment or software. |
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| 75 | 75 | | |
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| 76 | 76 | | (E) The resulting certification or qualification. |
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| 77 | 77 | | |
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| 78 | 78 | | (b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Upon a written request from a current or former employee, or his or her their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employers receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee. |
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| 79 | 79 | | |
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| 80 | 80 | | (2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways: |
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| 81 | 81 | | |
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| 82 | 82 | | (i) Written and submitted by the current or former employee or his or her their representative. |
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| 83 | 83 | | |
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| 84 | 84 | | (ii) Written and submitted by the current or former employee or his or her their representative by completing an employer-provided form. |
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| 85 | 85 | | |
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| 86 | 86 | | (B) An employer-provided form shall be made available to the employee or his or her their representative upon verbal request to the employees supervisor or, if known to the employee or his or her their representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form. |
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| 87 | 87 | | |
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| 88 | 88 | | (c) The employer shall do all of the following: |
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| 89 | 89 | | |
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| 90 | 90 | | (1) With regard to all employees, maintain a copy of each employees personnel records for a period of not less than three years after termination of employment. |
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| 91 | 91 | | |
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| 92 | 92 | | (2) With regard to current employees, make a current employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the place where the employee reports to work, or at 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 they report to work, no loss of compensation to the employee is permitted. |
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| 93 | 93 | | |
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| 94 | 94 | | (3) (A) With regard to former employees, make a former employees personnel records available for inspection, and, if requested by the employee or his or her their representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if he or she reimburses they reimburse the employer for actual postal expenses. |
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| 95 | 95 | | |
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| 96 | 96 | | (B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect his or her their personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the employer may comply with the request by doing one of the following: |
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| 97 | 97 | | |
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| 98 | 98 | | (I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employees residence. |
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| 99 | 99 | | |
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| 100 | 100 | | (II) Providing a copy of the personnel records by mail. |
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| 101 | 101 | | |
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| 102 | 102 | | (ii) Nothing in this subparagraph shall limit a former employees right to receive a copy of his or her their personnel records. |
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| 103 | 103 | | |
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| 104 | 104 | | (d) An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her their personnel records. |
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| 105 | 105 | | |
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| 106 | 106 | | (e) The employer may take reasonable steps to verify the identity of a current or former employee or his or her their authorized representative. For purposes of this section, representative means a person authorized in writing by the employee to inspect, or receive a copy of, his or her their personnel records. |
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| 107 | 107 | | |
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| 108 | 108 | | (f) The employer may designate the person to whom a request is made. |
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| 109 | 109 | | |
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| 110 | 110 | | (g) Prior to Before making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein. |
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| 111 | 111 | | |
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| 112 | 112 | | (h) The requirements of this section do not apply to: |
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| 113 | 113 | | |
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| 114 | 114 | | (1) Records relating to the investigation of a possible criminal offense. |
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| 115 | 115 | | |
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| 116 | 116 | | (2) Letters of reference. |
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| 117 | 117 | | |
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| 118 | 118 | | (3) Ratings, reports, or records that were: |
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| 119 | 119 | | |
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| 120 | 120 | | (A) Obtained prior to the employees employment. |
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| 121 | 121 | | |
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| 122 | 122 | | (B) Prepared by identifiable examination committee members. |
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| 123 | 123 | | |
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| 124 | 124 | | (C) Obtained in connection with a promotional examination. |
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| 125 | 125 | | |
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| 126 | 126 | | (4) Employees who are subject to the Public Safety Officers Procedural Bill of Rights (Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code). |
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| 127 | 127 | | |
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| 128 | 128 | | (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). |
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| 129 | 129 | | |
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| 130 | 130 | | (i) 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. |
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| 131 | 131 | | |
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| 132 | 132 | | (j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization. |
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| 133 | 133 | | |
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| 134 | 134 | | (k) If an employer fails to permit a current or former employee, or his or her their representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided 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. |
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| 135 | 135 | | |
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| 136 | 136 | | (l) 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 attorneys fees in such an action. |
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| 137 | 137 | | |
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| 138 | 138 | | (m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section. |
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| 139 | 139 | | |
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| 140 | 140 | | (n) If an employee or former employee files a lawsuit that relates to a personnel matter against his or her their employer or former employer, the right of the employee, former employee, or his or her their representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction. |
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| 141 | 141 | | |
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| 142 | 142 | | (o) For purposes of this section, a lawsuit relates to a personnel matter if a current or former employees personnel records are relevant to the lawsuit. |
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| 143 | 143 | | |
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| 144 | 144 | | (p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month. |
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| 145 | 145 | | |
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| 146 | 146 | | (q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following: |
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| 147 | 147 | | |
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| 148 | 148 | | (1) The wages, hours of work, and working conditions of employees. |
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| 149 | 149 | | |
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| 150 | 150 | | (2) A procedure for the inspection and copying of personnel records. |
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| 151 | 151 | | |
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| 152 | 152 | | (3) Premium wage rates for all overtime hours worked. |
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| 153 | 153 | | |
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| 154 | 154 | | (4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate. |
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| 155 | 155 | | |
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| 156 | 156 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 157 | 157 | | |
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| 158 | 158 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 159 | 159 | | |
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| 160 | 160 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 161 | 161 | | |
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| 162 | 162 | | ### SEC. 2. |
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