Getting a Copy of My Personnel File from My Employer
My question involves labor and employment law for the state of: California
I have requested a copy of my records from my general manager but she/he has yet to respond. Its only been 5 days but I know they only have so long to provide me with my copies. Section 226(b)(c)(f) state that the employer h has 21 days, section 1198.5 states the employer has 30 days. If the employer does not comply I can take them to court and they will be fined 750$.
1. I believe 1198.5 passed this year on January 1st. So should I just ignore Section 226 and proceed with 1198.5?
2. Both the laws state the employer must pay the employee or the Labor Commissioner 750$. It does not state how it is determined who the employer pays to. Does anyone know how it is determined if the employer has to pay the employee or the Labor Commissioner?
Thank you.
Re: California Labor Law 226(B)(C)(F) or 1198.5
It's been 5 days, the employer has 21 days to respond but you're already trying to determine how to sue them and what monetary damages you'll get? In a bit of a hurry, are we?
http://www.dir.ca.gov/dlse/FAQ_Right...onnelFiles.htm
From the state DOL website.
Re: California Labor Law 226(B)(C)(F) or 1198.5
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Quoting
cbg
I'm planning ahead instead of waiting till the last minute to figure out what to do next if my employer does not comply.
I'm well aware of the California Labor Law website. My main question was concerning whether I have to wait 21 or 30 days because new CA Labor Laws passed this year such as 1198.5. Should I just ignore 1198.5 since it is not even on the California Government website?
Re: California Labor Law 226(B)(C)(F) or 1198.5
We cannot tell you what to do in this instance. The choice is entirely yours.
Re: California Labor Law 226(B)(C)(F) or 1198.5
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Quoting
Crwys
I'm planning ahead instead of waiting till the last minute to figure out what to do next if my employer does not comply.
I'm well aware of the California Labor Law website. My main question was concerning whether I have to wait 21 or 30 days because new CA Labor Laws passed this year such as 1198.5. Should I just ignore 1198.5 since it is not even on the California Government website?
That's the trouble with relying on website guides instead of reading the actual statutes.
Section 226 appears to address only records about compensation:
http://law.onecle.com/california/labor/226.html
And Section 1198.5 addresses personnel records in general:
http://law.onecle.com/california/labor/1198.5.html
Since your question refers to "personnel file" you wait the 30 days per 1198.5.
As for who gets the $750, Section 1198.5 makes it clear that you would have to sue your employer for the penalty but the state labor commission likely has an administrative procedure for accomplishing that and there is nothing in the statute that says that the labor commission has to turn the $750 over to the employee.
Re: California Labor Law 226(B)(C)(F) or 1198.5
Edit:
Thank you very much, that is the answer I was looking for.
I read the actual statutes as found here:
http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243
Which states:
Quote:
(b) An employer that is required by this code or any regulation
adopted pursuant to this code to keep the information required by
subdivision (a) shall afford current and former employees the right
to inspect or copy records pertaining to their employment, upon
reasonable request to the employer. The employer may take reasonable
steps to ensure the identity of a current or former employee. If the
employer provides copies of the records, the actual cost of
reproduction may be charged to the current or former employee.
(c) An employer who receives a written or oral request to inspect
or copy records pursuant to subdivision (b) pertaining to a current
or former employee shall comply with the request as soon as
practicable, but no later than 21 calendar days from the date of the
request. A violation of this subdivision is an infraction.
Impossibility of performance, not caused by or a result of a
violation of law, shall be an affirmative defense for an employer in
any action alleging a violation of this subdivision. An employer may
designate the person to whom a request under this subdivision will be
made.
(f) A failure by an employer to permit a current or former
employee to inspect or copy records within the time set forth in
subdivision (c) entitles the current or former employee or the Labor
Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty
from the employer.
I assumed that since it was a government website it would be more than reliable but I was confused after finding section 1198.5
They both are very similar. All I want is a copy of my payroll times. Section 226 specifically says "records" and 1198.5 says "personnel records".
I understand its hard to give me a direct answer since no one knows the specific details of my situation, so I think I'll just wait the 30 days just to be safe.
Re: California Labor Law 226(B)(C)(F) or 1198.5
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Quoting
Crwys
All I want is a copy of my payroll times. Section 226 specifically says "records" and 1198.5 says "personnel records".
I understand its hard to give me a direct answer since no one knows the specific details of my situation, so I think I'll just wait the 30 days just to be safe.
Actually, it's not hard at all to give you a direct answer now that you've specified that you only want your "payroll times."
Section 226 applies to payroll records. Read 226 (a) for a description of payroll records:
http://law.onecle.com/california/labor/226.html
Seems clear now that the 21 day time limit applies requests for payroll information and the penalties are different.
Re: California Labor Law 226(B)(C)(F) or 1198.5
Quote:
Quoting
adjusterjack
Actually, it's not hard at all to give you a direct answer now that you've specified that you only want your "payroll times."
Section 226 applies to payroll records. Read 226 (a) for a description of payroll records:
http://law.onecle.com/california/labor/226.html
Seems clear now that the 21 day time limit applies requests for payroll information and the penalties are different.
Hm ok, thank you!