Related Attorney: Bradley D. Ross
California employees already have the right to inspect their personnel records. However, effective January 1, 2013, employers will have to comply with additional statutory requirements related to access by current and former employees to their personnel files and will also face penalties for noncompliance. Under the new law.
Failure to comply with these statutory requirements will expose employers to a civil penalty of $750. Employees may also bring a civil action for injunctive relief to obtain compliance and the recovery of costs and reasonable attorneys’ fees in connection with such an action. In addition, the new law reduces the criminal penalty for a violation of the statutory requirements related to employee access to personnel files from a misdemeanor to an infraction.
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