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Video instructions and help with filling out and completing authorization to obtain wage and employment information
Now SB 1252 relating to payroll records in Labor Code section two to six this new law gave a right to employees or former employees to receive an actual copy of the pay records prior to this they just had a right to inspect the records and so this is a new requirement and it's a good reminder and part of the refresher I mentioned earlier it's a good reminder for employers to look at and make sure that they have compliant procedures in place about the different deadlines you have a responding to an employee's request for various employment documents under California law and generally current and former employees have a right to their personnel records on their labor code section 11 98.5 as I have up on this slide this code section provides that every current and former employee or their representative has a right to inspect and receive a copy of their personnel records in terms of requests pursuant to this section the request has to be made of writing through two methods one it's written and submitted by the current or former employee or their representative or two written and submitted by the current former employee or their representative by completing an employer provided form the employers can require that this these requests come through certain channels and on certain forms so employers have to comply with these personnel record requests no later than 30 calendar days from receipt of the written request now the big catch here is the terms personnel records a personnel file you know we talked about these a lot but surprisingly becomes a surprise many employers in California the terms personnel records a personnel file are not defined in the labor code and because the Labor Code section here 11 98.5 refers to these terms personnel records but never defines the term there's a lot of ambiguity about what documents should be kept an employee's personnel file and what documents have to be made available upon request to inspect or copy the personnel records so while not legally binding on employers there is some guidance from the division of labor standards and for enforcement expressing some views on what generally should be considered to be contained in personnel records and the DLSE has set out that the documents in the personnel records are documents that are generally used or have been used to determine an employee's qualifications for promotion additional compensation or disciplinary action including termination they set out some examples in a opinion letter of why it should be in a personnel file and again this is not binding on employers it's more of a guidance as to take into consideration but it sets out that application for employment payroll authorization forms notices of accommodation warning discipline or termination notices notices of layoff leaves of absence and vacation also notices of wages attachment and garnishment and any other kind of notices related to education and training records and obviously.