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January 28, 2026
Previously, California law granted current and former employees, or their representative, the right to inspect and receive a copy of personnel records maintained by their employer relating to the employee’s performance or relating to any grievance about the employee.
Effective January 1, 2026, personnel records “relating to the employee’s performance” include education and training records. See 2025 Cal. SB 513. An employer who maintains education or training records must ensure that those records include: (1) the name of the employee; (2) the name of the training provider; (3) the duration and date of the training; (4) the core competencies of training, including skills in equipment or software; and (5) the resulting certification or qualification.
Employers must respond to a written request for inspection or copies of personnel records (but only one request per year per employee) within 30 calendar days, unless the parties agree to more time, which is not to exceed 35 calendar days.
Employers must maintain a copy of each employee’s personnel records for three years after the employee leaves work for the employer.
Employers who violate this new law may face penalties. An aggrieved current or former employee also may bring an action for injunctive relief to obtain compliance and may recover costs and reasonable attorney’s fees in that action.
California Employer Takeaways: If you offer training and educational opportunities to employees, review and update your records and personnel files to include the required documents and information.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, California, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
