The employer has 21 days to provide the opportunity to review or a copy of payroll records, after an employee or former employee requests either orally or in wiring to see them. If the employer fails to timely provide the opportunity to review the documents, the employer will owe a penalty of $750.00 to the employee.
The employer has 30 days to provide an employee or former employee the opportunity to see his/her personnel file. Not all of the personnel file need be produced. California Labor Code Section 1198.5 addresses what needs to be produced upon a request. If the personnel file is not made available to the employee or former employee in a timely manner, the employer will owe the individual $750.00 as a penalty pursuant to California labor law.
An employee or former employee can only request to see personnel file documents one time per year. Employers are required by law to keep copies of all personnel files for three years after termination of an employee’s employment.
Call Law Office of Kristine S. Karila to discuss. (949) 481-6909.