BILL NUMBER: AB 1399	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Labor and Employment (Swanson (Chair),
Alejo, Allen, Furutani, and Yamada)

                        FEBRUARY 28, 2011

   An act to amend Section 1198.5 of the Labor Code, relating to
employment records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1399, as introduced, Committee on Labor and Employment.
Employment records: right to inspect.
   Under existing law, an employee has the right to inspect the
personnel records that his or her employer maintains relating to the
employee's performance or to any grievance concerning the employee.
   This bill would require an employer to maintain personnel records
for a specified period of time and to provide a current or former
employee, or his or her representative, an opportunity to inspect and
make copies of those records within a specified period of time. In
addition, in the event an employer violates these provisions, the
bill would permit a current or former employee or the Labor
Commissioner to recover a penalty of $750 from the employer, and
would further permit a current or former employee to obtain
injunctive relief and attorney's fees.
   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 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 for these records. Upon a 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  . Except
as provided in paragraph  (3)   (4)  of
subdivision (c), the employer  shall not be   is
not  required to make those personnel records 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  one of  the following:

   (1) Keep a copy of each  current  employee's personnel
records at the place where the employee reports to work. 
   (2) Maintain a copy of each employee's personnel records for a
period of not less than four years after termination of employment.
 
   (2) 
    (3)  Make  the   a current 
employee's personnel records available at the place where the
employee reports to work within a reasonable period of time following
 an employee's   a request by an employee, or
his or her representative, but not later than 21 calendar days from
the date of a  request. 
   (3) 
    (4)  Permit  the   a current 
employee  ,   or his or her representative,  to
inspect the personnel records at the location where the employer
stores the personnel records, with no loss of compensation to the
employee. 
   (5) Make a former employee's personnel records available for
inspection 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. 
   (d) The requirements of this section  shall  
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   (Chapter
 9.7 (commencing with Section 3300) of Division 4 of Title 1 of
the Government  Code   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) 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) In enacting this section, it is the intent of the Legislature
to establish minimum standards for the inspection of personnel
records by employees. Nothing in this section shall be construed to
prevent the establishment of additional rules for the inspection of
personnel records that are established as the result of agreements
between an employer and a recognized employee organization. 
   (h) If an employer fails to permit a current or former employee,
or his or her representative, to inspect or copy personnel records
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) 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 attorney's fees in such an action.