Employment records: right to inspect.

Under existing law, an employee has the right to inspect the personnel records that his or her employer maintains relating to the employee's performance or to any grievance concerning the employee. This bill would require an employer to maintain personnel records for a specified period of time and to provide a current or former employee, or his or her representative, an opportunity to inspect and make copies of those records within a specified period of time, except during the pendency of a lawsuit filed by the employee or former employer relating to a personnel matter. In addition, in the event an employer violates these provisions, the bill would permit a current or former employee or the Labor Commissioner to recover a penalty of $750 from the employer, and would further permit a current or former employee to obtain injunctive relief and attorney's fees. Under existing law, an employer shall be guilty of a misdemeanor and is punishable by a fine, as specified, or imprisonment, as specified, if he or she violates or refuses or neglects to comply with certain provisions, including the above provisions. This bill would notwithstand the above-described misdemeanor and fine and imprisonment provisions and would, instead, provide that a violation of the above provisions regarding personnel records constitutes an infraction. Although this bill would change a violation of the above-described provisions regarding personnel records from a misdemeanor to an infraction, by expanding the scope of what would constitute an infraction, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.