Updates on Employee Personnel File Requests

Senate Bill 513, signed in October 2025, expands California employees’ rights to inspect and obtain copies of their personnel records. Under existing Labor Code section 1198.5, employers must provide access to records relating to an employee’s performance or any grievance. SB 513 broadens that obligation to include all employment-related records, such as pay changes, performance evaluations, disciplinary actions, employment agreements, and written complaints.

The new law clarifies that employees are entitled to both inspection and copies of their full personnel file. Employers must respond to requests within 30 calendar days, and former employees may make the request through an authorized representative. Employers may charge only reasonable copy costs and must retain personnel files for at least three years following termination.

This legislation strengthens transparency and access to employment information. Employers should review internal policies to ensure personnel files are comprehensive, organized, and easily retrievable. Conducting a personnel file audit and separating confidential or medical records will help maintain compliance and minimize disputes.

As a best practice, call your attorney when you get a records request.  Obviously something’s up and we can help triage the situation before it gets out of control.  And I will reiterate yet again, we never recommend producing records until you’ve consulted with an attorney.  We’re here to protect our clients.  Let us!