Employment Law

How do I get my personnel file and payroll records from my employer?

Ask in writing. A California employer must let a current or former employee inspect or copy their personnel file within 30 calendar days of a written request, and must produce payroll records within 21 calendar days of a request. If it misses either deadline, the employee can recover a $750 penalty for each type of record.

Last updated October 4, 2026.

These records are often the first evidence in a wage dispute, a firing or a discrimination claim. They show what the employer wrote down at the time, before anyone was thinking about a case. This page explains what you can ask for, how, and what happens if the employer does not respond. For an overview of employee rights, see our employment law page.

How do I get my records, step by step?

  1. Find the right recipient. The employer may designate who receives these requests (Labor Code sections 1198.5(f) and 226(c)), so check your handbook or ask human resources.
  2. Write the request. The personnel file request must be in writing; payroll records may be requested orally, but writing gives you proof (sections 1198.5(b)(2) and 226(c)).
  3. Send it and keep proof. Use email or a method that shows the date it was received, because the employer's deadline runs from receipt for the personnel file.
  4. Mark the deadlines. Payroll records are due within 21 calendar days, and the personnel file within 30 calendar days, or up to 35 if you agree in writing.
  5. Inspect or receive copies. Review what arrives against your own pay stubs, schedules and messages.
  6. Follow up on a missed deadline. A late or missing response can lead to a $750 penalty for each type of record (sections 1198.5(k) and 226(f)).

Which records can I ask for, and how fast must my employer respond?

Employee records and the employer's deadlines
RecordWhat it coversDeadlineIf the employer misses itLaw
Personnel fileRecords about your performance, including education and training records, and any grievance about you30 calendar days after a written request (up to 35 if you agree in writing)$750 penalty; court order and attorney feesLab. Code 1198.5
Payroll recordsThe information on your wage statements: hours, rates, gross and net pay, deductions and pay period dates21 calendar days after a written or oral request$750 penaltyLab. Code 226(b), (c), (f)
Signed documentsAny document you signed relating to getting or keeping the job, such as an arbitration agreement or a policy acknowledgmentOn request (no set number of days)No separate penalty in section 432Lab. Code 432

Since January 1, 2026, section 1198.5 says that an employer that keeps education or training records must include the employee's name, the training provider, the date and length of the training, the core skills covered, and any certification earned. Those records are part of what you can request.

How do I make the request?

For the personnel file, section 1198.5(b)(2) requires a written request, either your own letter or email or the employer's request form if it has one. If the employer uses a form, it must give you one when you ask your supervisor for it. Payroll records can be requested in writing or orally under section 226(c), but a written request gives you proof of the date. A simple request can include:

  • your full name, job title and dates of employment;
  • a request to inspect and receive a copy of your personnel records under Labor Code section 1198.5;
  • a request to inspect and receive a copy of your payroll records under Labor Code section 226;
  • a request for copies of every document you signed, under Labor Code section 432;
  • the address or email where the copies should be sent, and the date.

The employer may take reasonable steps to confirm your identity, and it may designate the person who receives these requests, so send it to human resources or the person named in your handbook. You can also authorize a representative, such as a lawyer, in writing to make the request for you (section 1198.5(e)).

Where and when can I see the records?

A current employee inspects or receives a copy at the place where they report to work, or another place both sides accept, and loses no pay if the employer requires a different location (section 1198.5(c)(2)). The employer does not have to make the file available while the employee is actually required to be working (section 1198.5(b)(1)). A former employee inspects the records where the employer stores them, unless both sides agree in writing on another place, and may arrange to receive a copy by mail (section 1198.5(c)(3)(A)).

One exception applies to a former employee who was fired for a violation of law or policy involving harassment or workplace violence. The employer may then offer inspection at a location away from the workplace that is within a reasonable driving distance of the former employee's home, or send a copy by mail, and the former employee's right to a copy is not limited (section 1198.5(c)(3)(B)).

What can the employer leave out?

Section 1198.5(g) lets the employer black out the names of non-supervisory employees before producing the file. Section 1198.5(h) excludes some records altogether, including records of an investigation into a possible criminal offense, letters of reference, and ratings or reports obtained before you were hired or in connection with a promotional examination. A former employee is entitled to only one personnel file request per year (section 1198.5(d)).

How long must my employer keep these records?

An employer must keep each employee's personnel records for at least three years after the job ends (section 1198.5(c)(1)), and copies of wage statements and deduction records for at least three years (section 226(a)). California's Equal Pay Act separately requires employers to keep records of wages, wage rates and job classifications for three years (Labor Code section 1197.5(e)). If you worked in the City of Los Angeles, the city's Office of Wage Standards says employers covered by its minimum wage ordinance must keep payroll records for four years; our page on employment rules in the City of Los Angeles covers its other local requirements.

What if I have already filed a lawsuit?

The personnel file right pauses. Under section 1198.5(n), once an employee files a lawsuit relating to a personnel matter against the employer, the right to inspect or copy the personnel file under this section ceases while the lawsuit is pending in the court where it was filed. A lawsuit relates to a personnel matter if the employee's personnel records are relevant to it (section 1198.5(o)). That is one reason to send the request early, before any case is filed.

What do I do if the employer ignores the request?

Keep a copy of the request and proof of when you sent it. If the deadline passes, you or the Labor Commissioner can recover the $750 penalty under section 1198.5(k) or 226(f), and for the personnel file you can also ask a court to order compliance and award costs and attorney fees (section 1198.5(l)). Section 226(h) likewise allows a court action to enforce the payroll records rules, with costs and attorney's fees. The Labor Commissioner lists one year to claim penalties for failing to provide access to, or a copy of, payroll or personnel records, and these penalties can be part of a wage claim at the Labor Commissioner's Los Angeles-area offices. Our table of employment claim deadlines in California shows the other time limits. If unpaid wages are also involved, our page comparing a Labor Commissioner wage claim and a lawsuit explains where to bring the whole dispute.

What changes the answer?

The 30-day and 21-day rules apply to most private employees. These facts change what you can get, or where you go if it is refused.

Whether you still work there

A current employee may ask at reasonable intervals and inspects at the workplace. A former employee is limited to one personnel file request a year (section 1198.5(d)) and inspects where the records are stored, so a former employee's first request should be complete.

Whether you work for a public agency

Section 226, which covers pay stubs and payroll records, does not apply to the state, a city, a county or another government entity, apart from a rule limiting how much of a social security number appears on a pay stub (section 226(i)). For personnel files, if a public agency has an independent employee relations board or commission, an employee must first seek relief there before going to court (section 1198.5(i)).

Whether a union contract covers you

Section 1198.5 does not apply to an employee covered by a valid collective bargaining agreement that expressly provides for wages, hours and working conditions, its own procedure for inspecting and copying personnel records, premium pay for all overtime hours, and a regular rate of pay at least 30 percent above the state minimum wage (section 1198.5(q)).

Whether you were salaried and exempt

A wage statement does not have to show total hours for an employee paid only a salary who is exempt from overtime (section 226(j)). If you are salaried but doubt that you are truly exempt, our page on whether a salaried employee is really exempt from overtime explains the test.

Whether you worked in a private home

Section 226 does not apply to the employer of a person employed by the owner or occupant of a home whose duties relate to the home, including caring for children (section 226(d)).

A worked example

For example, imagine a hypothetical retail assistant manager in Glendale who resigns in May and suspects she was not paid for hours worked before opening. Her pay stubs show salary but no hours, and she remembers signing an arbitration form during onboarding.

On June 2 she emails human resources asking for her personnel file under section 1198.5, her payroll records under section 226, and copies of everything she signed under section 432. The payroll records are due by June 23 and the personnel file by July 2. When the records arrive, she compares the hours shown with her own calendar and text messages. Because she is a former employee, she makes this request complete, since the employer need honor only one personnel file request a year. The records alone do not decide whether she was owed anything; they let her and a lawyer see what the employer recorded.

Common mistakes when requesting records

  • Asking for the personnel file by phone. Only a written request, or the employer's form, starts the 30-day period.
  • Sending a partial request as a former employee. The employer must honor only one personnel file request a year.
  • Waiting until after filing a lawsuit. The personnel file right stops while a related lawsuit is pending.
  • Forgetting signed documents. An arbitration agreement or handbook acknowledgment can affect where a claim goes; ask for copies under section 432.
  • Letting the penalty deadline pass. The Labor Commissioner lists one year for these penalties.

What to do this week

  1. Find out who receives records requests, from your handbook or human resources.
  2. Send one written request covering the personnel file, payroll records and signed documents.
  3. Write the 21-day and 30-day dates on your calendar.
  4. Gather your own pay stubs, schedules and messages to compare with what arrives.
  5. If you were recently let go, work through our checklist for the first week after being fired in California.
  6. If the deadline passes without a response, keep your proof of sending and get advice.

Frequently asked questions

What if my employer says the records were lost?

The employer still had a duty to keep them for at least three years. Impossibility of performance is a defense only if it was not caused by a violation of law (sections 1198.5(m) and 226(c)).

Do I have to have kept my own time records to make a claim?

No. The Labor Commissioner says your employer is required by law to keep accurate records of time worked, though it is a good idea to keep your own. If you do, our page on how overtime is calculated in California shows what to compare.

What should a pay stub show?

Section 226(a) lists the items, including gross and net wages, total hours for most employees, deductions, the pay period dates, the employer's name and address, and each hourly rate with the hours worked at it. A knowing and intentional failure to provide accurate statements carries its own penalties, which our page on wage violation penalties explains.

Can a lawyer request the records for me?

Yes. Section 1198.5 lets a representative authorized by you in writing make the request, and the employer may take reasonable steps to verify that authorization (section 1198.5(e)).

Can I get records about other employees?

These rights cover records pertaining to your own employment. The employer may also black out the names of non-supervisory employees that appear in your personnel file (section 1198.5(g)).

How can Glendale Law help?

We begin by reviewing the documents that matter, including pay records, performance reviews, emails, personnel files and any written policies that apply to your situation. If you have not requested your records yet, we can help you do it correctly and on time. Call (818) 244-9000 or request a consultation.

Need your records to understand your case?

Our Glendale team can help you request your personnel file and payroll records and review what they show.

Request a Consultation