BILL NUMBER: AB 1707	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 5, 2007
	PASSED THE ASSEMBLY  JUNE 6, 2007
	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, 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.


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 (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 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, 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. 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.

   (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).
   (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.
   (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,
established as the result of agreements between an employer and a
recognized employee organization.
   (j) If an employer fails to permit a current or former employee or
his or her representative to inspect 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.
   (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.