Requests for employee records are common in California and are often an early sign of a potential employment dispute. These requests may come directly from a current or former employee or from an attorney representing the employee. Because California law grants employees specific rights to access employment records and imposes strict deadlines and penalties for noncompliance, employers must respond carefully, accurately, and on time.
California Labor Code section 226 requires employers to provide current and former employees the right to inspect or receive copies of payroll records and itemized wage statements. These records must be made available within a reasonable time and, in no event, later than 21 calendar days from the date of the request. Failure to comply can expose the employer to statutory penalties, including a penalty of up to $750 recoverable by the employee or the Labor Commissioner. A failure to comply may also serve as a predicate violation for a representative action under the Labor Code Private Attorneys General Act (PAGA), which carries its own civil penalty structure and allows for recovery of reasonable attorney’s fees and costs.
Separate obligations arise under Labor Code section 432, which requires employers to provide copies of any document the employee or applicant signed that relates to obtaining or holding employment. Unlike other categories of records, employers may not charge for copies of signed documents. These records often include employment applications, offer letters, arbitration agreements, handbook acknowledgments, benefit enrollment forms, and other employment-related instruments bearing the employee’s handwritten or electronic signature.
California Labor Code section 1198.5 provides an additional and distinct right to inspect and receive copies of personnel records relating to an employee’s performance or any grievance concerning the employee. These records must be made available no later than 30 calendar days after receipt of a written request. The statute allows a one-time extension of up to five additional calendar days, but only by mutual agreement between the employer and the requestor. Records covered by this statute commonly include performance evaluations, written warnings, disciplinary notices, coaching memoranda, and similar documents, even if the employee did not sign them.
When preparing records for production, employers should pay close attention to sensitive personal information. Employment records often contain Social Security numbers, dates of birth, driver’s license numbers, and other identifying data. While the law does not always require full redaction, employers should consider partially redacting highly sensitive information to reduce the risk of identity theft or misuse, particularly when records are transmitted electronically or by mail.
Employers that provide records electronically should also consider basic security measures. Scanning documents into PDF format and protecting them with a password is not legally required, but it is a reasonable safeguard. Using a password known to the employee or the employee’s authorized representative can help ensure that records are accessed only by the intended recipient.
Clear organization of produced records is another important practice. Numbering pages, noting the date of production, and marking records as confidential can help establish exactly what was produced and when. Employers should retain a complete copy of the records as produced so they can later demonstrate compliance if the scope or timing of production is challenged.
The method of delivery matters as well. Whether records are provided for onsite inspection, mailed as paper copies, or transmitted electronically, employers should use secure and trackable delivery methods. Delivery confirmation, signature-required mail services, and email read receipts can help document compliance and receipt.
Although California law permits employers to charge the actual cost of reproduction for certain records, as a best practice, it is wise for employers to waive copying charges even where the statute would allow them. The marginal cost savings rarely outweigh the potential legal and practical risks of disputing fees with an employee or their attorney, particularly when records are produced electronically.
Employers should also be cautious about overproducing records. Requests from employees or their attorneys sometimes broadly seek documents that are not required to be produced outside of formal litigation. Employers generally should not provide additional records, explanations, or statements beyond what the law requires without first consulting legal counsel. Some materials may be privileged or may create unnecessary legal exposure if disclosed prematurely.
Because California law imposes strict response deadlines, employers should calendar all deadlines immediately upon receiving a records request. Missing a statutory deadline can result in penalties regardless of intent or good faith. Prompt review and organization are essential.
Employers should also be aware that California law is changing. Effective January 1, 2026, Labor Code section 1198.5 will expressly require employers to produce certain employee training records upon request, expanding the scope of personnel records subject to inspection and copying. This change removes any prior uncertainty surrounding training records and makes forward-looking compliance planning especially important.
Finally, employers should recognize that records requests are often an early warning sign of a broader employment dispute. Consulting with experienced California employment counsel early can help employers comply with statutory obligations while minimizing unnecessary risk. Thoughtful, timely, and well-documented responses to employee records requests can prevent avoidable penalties and place employers in a stronger position should a dispute escalate.
The California Labor Commissioner maintains a frequently asked questions web page addressing employee rights and employer obligations concerning reqeusts for inspection and copying of personnel files and records that provides additional helpful information.