Employment Law
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.
| Record | What it covers | Deadline | If the employer misses it | Law |
|---|---|---|---|---|
| Personnel file | Records about your performance, including education and training records, and any grievance about you | 30 calendar days after a written request (up to 35 if you agree in writing) | $750 penalty; court order and attorney fees | Lab. Code 1198.5 |
| Payroll records | The information on your wage statements: hours, rates, gross and net pay, deductions and pay period dates | 21 calendar days after a written or oral request | $750 penalty | Lab. Code 226(b), (c), (f) |
| Signed documents | Any document you signed relating to getting or keeping the job, such as an arbitration agreement or a policy acknowledgment | On request (no set number of days) | No separate penalty in section 432 | Lab. 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.
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:
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)).
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)).
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)).
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.
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.
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.
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.
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.
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)).
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)).
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.
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)).
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.
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)).
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.
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.
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)).
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)).
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.
Our Glendale team can help you request your personnel file and payroll records and review what they show.
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