Legislative Update: Updates to Personnel Record Requirements (SB 513)
Introducing another bill recently enacted in California, Senate Bill 513, amending Labor Code section 1198.5, relating to personnel records. Authored by Senator Maria Elena Durazo and sponsored by United Steelworker District 12, the bill 1) provides that every current and former employee, or their representative, has the right to inspect or receive a copy of the personnel records that an employer maintains relating to education or training, and 2) requires an employer who maintains education or training records to ensure those records include specified information.
Background Information
Over the course of employment, workers may complete trainings or receive certifications related to their job duties. Trainings can cover general health and safety information, craft-specific skills, maintenance, and more. In cases where workers do not have a college degree, they may have instead completed extensive on-the-job training programs to acquire expertise. When a worker separates from their employer, regardless of the circumstances, it can be difficult for them to verify the skills they acquired through training.
Existing law provides that every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that an employer maintains relating to the employee’s performance or to any grievance concerning the employee. SB 513 would expand this right of access to include personnel records that the employer maintains relating to an employee’s education or training. For employers who do maintain education or training records, this bill would require those records to include specified information like the core competencies of a training and the resulting certification or qualification. As drafted, this bill would not require every employer to maintain education or training records, but for the employers that do, these records must be accessible to employees via their personnel file and must contain specified information.
Major Provisions
- Provides that every current and former employee, or their representative, has the right to inspect or receive a copy of the personnel records that the employer maintains relating to education or training.
- Requires an employer who maintains education or training records to ensure those records include all of the following:
o The name of the employee.
o The name of the training provider.
o The duration and date of the training.
o The core competencies of a training, including skills in equipment
or software.
o The resulting certification or qualification.
- SB 513 goes into effect January 1, 2026.
Employer Takeaways
SB 513 is a good reminder to make sure your employee files are organized and that records are complete, including ensuring that if you do maintain education and/or training records that they contain all of the information listed above. The passage of this legislation also gives us a chance to encourage you to get those employee handbooks updated. You can rely on Rosasco Law Group to draft a new handbook for you or to make sure your current handbook is updated for the new year.
