BILL NUMBER: AB 1707 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 23, 2007
INTRODUCED BY Committee on Labor and Employment (Swanson (Chair),
DeSaulnier, Laird, Leno, and Ruskin)
FEBRUARY 28, 2007
An act to amend Section 1198.5 of the Labor Code, relating to
employment records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1707, as amended, Committee on Labor and Employment. Private
employment.
Under existing law, employees have a right to inspect employment
records.
This bill would require employers to maintain employment records
for a specified time and to provide inspection and copies within a
specified time to current and former employees or their
representatives. The bill would authorize those employees to recover
a $750 penalty from an employer for failure to do so and to bring an
action to obtain compliance , and it would provide that a
violation of its provisions constitutes an infraction .
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 for inspection 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 , as specified,
for these records. Upon a written 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 , not later
than 21 calendar days from the date of the request . Except as
provided in paragraph (4) (2) of
subdivision (c), the employer is not required to make those personnel
records or copies thereof 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 the following:
(1) With regard to all employees, maintain a copy of each employee'
s personnel records for a period of not less than four
three years after termination of employment.
(2) With regard to current employees, make a current employee's
personnel records available for inspection, or provide copies
thereof, as requested by the employee, at the place where the
employee reports to work within a reasonable period of time
following a request by an employee or his or her representative for
inspection or for a copy of the records, but not later than 21
calendar days from the date of a request. ,
or at another location agreeable to the employer and the requester.
If the employee is required to inspect or receive copies at a
location other than the place where he or she reports to work, no
loss of compensation to the employee is permitted.
(3) With regard to former employees, make a former employee's
personnel records available for inspection , or provide copies
thereof, as requested by the employee, 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. . A former employee may receive
copies by mail if he or she reimburses the employer for actual postal
expenses.
(d) The employer may take reasonable steps to verify the identity
of a current or former employee or his or her 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 personnel records.
(e) The employer may designate the person to whom a request is
made.
(f) Prior to making records
specified in subdivision (a) available for inspection or providing
copies of those records, the employer may redact the name of any
nonsupervisory employee contained therein.
(d)
(g) 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 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 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).
(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)
(h) 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)
(i) In enacting this section, it is the intent of the
Legislature to establish minimum standards for the inspection
and the receipt of copies 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 copies of personnel records that are
, established as the result of agreements
between an employer and a recognized employee organization.
(h)
(j) If an employer fails to permit a current or former
employee or his or her representative to inspect or copy
personnel records or receive copies thereof
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)
(k) A current or former employee may also bring an
action for injunctive relief to obtain compliance with this section,
and may also recover costs and reasonable attorney's fees in such an
action.
() 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.