Employee Records Requests
Not sure when you’re required to submit personnel or payroll records after receiving an employee request? Missing a deadline could lead to penalties, and potentially force you to disclose documents prematurely that otherwise would only be available through discovery.
Here’s a quick rundown of what to provide and when:
What counts as a personnel or payroll record?
Personnel records generally include:
- Performance reviews
- Disciplinary notices or warnings
- Employment agreements
- Documents signed at hire, including handbook acknowledgments
Do not include:
- Medical information (e.g., workers’ comp records, physician certifications, or accommodation requests)
- Background check results
Deadlines and penalties
Personnel File Requests:
- Failure to comply can result in a $750 penalty.
- If the employee files a lawsuit, the production obligation shifts to the discovery process instead.
- Must be produced within 30 calendar days.
Payroll Records Requests:
- Same penalty: $750 for noncompliance.
- Payroll records include the information that is required in wage statements, but not necessarily timecards or timesheets.
- Documents signed by the employee under Labor Code 432
Must be made available for inspection or copying within 21 calendar days.
Best practice tips
Maintaining compliant, well-organized files won’t prevent lawsuits, but it will put you in a stronger position. Review records with legal counsel before production to spot red flags early and align your response with your broader litigation strategy.