Federal & State Regulations | Recordkeeping - California

State Info

Summary of differences between federal and state regulations

Federal

The federal Fair Labor Standards Act does not require employers to allow employees access to their personnel files. This access is generally a matter of agreement between an employer and an employee (or the employee’s representative). However, while federal law does not, some state laws require employers to allow employees access to their files. Employers need to comply with the state laws.

Federal OSHA requires that employers must allow employees and their designated representatives to inspect and/or copy records pertaining to exposure to hazardous substances. Access must be provided in a reasonable time, place, and manner. Access must be provided within 15 days working days. No costs may be incurred for the first provision, but subsequent provisions may be charged reasonable, nondiscriminatory administrative costs.

Employees and former employees must be guaranteed access to their individual OSHA 301 forms. Employee representatives will be provided access to the “information about the case” section of the OSHA 301 form in establishments where they represent employees.

The federal Health Insurance Portability and Accountability Act (HIPAA) requires employers to allow employees to inspect and/or obtain a copy of any of their own protected health information that is used to make decisions about them. Employers must provide access within 30 days of receiving a request if the information is maintained or accessible onsite. If not, employers have 60 days to act. Employers must arrange for a mutually convenient time and place for employee access. Employers may charge reasonable, cost-based fees for copying information, but not for retrieving or handling the information or processing a request.

State

Records to be kept on file
Wage and Hour/Payroll	Payroll Retain the following payroll records for a minimum of two years, and must be available for inspection upon request: Name and address Last four digits of Social Security number or an employee identification number Wages and hours worked daily Minor's age Job classifications Conditions of employment CA Labor Code §226, §1174, §1197.5
	Retain for two years, payroll records showing the hours worked daily by and the wages paid to, and the number of piece-rate units earned by and any applicable piece rate paid to, employees employed at the respective plants or establishments. CA Labor Code §1174
	Wage/hour Covered employers must retain the following wage order records for a minimum of three years: Name, home address, occupation, and Social Security number; Birth date, if under 18 years, and designation of minor; Time records; Wages paid each pay period; and Hours worked in a pay period and applicable rates of pay. The records must be in the English language and in ink or other indelible form, properly dated, showing month, day, and year. Wage Order Nos. 1-2001 – 17-2001
	It is recommended to retain wage and hour records for four years due to the possibility of an employee filing a cause of action. CA Business and Professions Code §17200-17210
	Unemployment Covered employers must retain the following unemployment records: Name and Social Security number; Date of hire, rehire, or return to work after temporary lay-off, and the last date when he or she performed any services; Location of employment; Remuneration paid to each employee; Disbursement records which show payments to anyone who performed services; Any other information necessary that enables the employee to determine the worker's total remuneration earned each week; Employee status, i.e., employed, on layoff, or leave of absence; and Wages paid to each employee. Records must be retained for a minimum of four years after the date the contributions to which they relate become due, or the date the contributions are paid, whichever is later. 22 CCR §1085-2, CA Unemployment Insurance Code §1085
	Contractors' records Contractors and subcontractors must keep payroll records that include the following: Name, address, Social Security number; Work classification; Straight-time and overtime hours worked each day and week; and The actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The records must be available for inspection. CA Labor Code §1776 and §1812
	California employers are to keep accurate records regarding janitors of the following: The names and addresses of all employees engaged in rendering actual services for any business of the employer. The hours worked daily by each employee, including the times the employee begins and ends each work period. The wage and wage rate paid each payroll period. The age of all minor employees. Any other conditions of employment. The records need to be kept for at least three years. For purposes of this provision, an employer is any person or entity that employs at least one employee and one or more janitor and that enters into contracts, subcontracts, or franchise arrangements to provide janitorial services. Janitors include including any individual predominantly working, whether as an employee, independent contractor, or a franchisee, as a janitor. CA Labor Code §1420 and §1421
Accessible Records	Private employees Employees and former employees of private employers may view personnel records. Employers must make the contents of those personnel records available to the employee at reasonable intervals and at reasonable times. Employers do not have to make personnel records available at a time when employees are actually required to be working; however, they must allow employees to inspect the personnel records at the location where the employer stores the personnel records, with no loss of compensation to the employee. Former employees have the same rights as current employees to inspect and have a copy made of their personnel file. Employees may designate a representative to inspect and/or receive a copy of their personnel file. A request to inspect or receive a copy of personnel records must be made in either of the following ways: Employers must allow viewing or providing a copy of records within 30 calendar days of a request. Employers may take reasonable steps to verify the identity of a requester. The records include those relating to the employee’s performance or to any grievance concerning the employee. Effective January 1, 2026, employers must also allow employees to access records related to education or training that the employee received. Such records must include all of the following: The name of the employee; The name of the training provider; The duration and date of the training; The core competencies of the training, including skills in equipment or software; The resulting certification or qualification. AB 2674; Chapter 842 CA Labor Code §1198.5
Accessible Records	Hazardous-substance exposure In addition to the federal regulations, California has regulations for employee access to hazardous-substance exposure records, but they generally mimic the federal requirements. California requires access to current or stored copies of the Annual Summary, in addition to current or stored copies of the Cal/OSHA Form 300. Copies must be provided to employees, former employees, personal representatives, or authorized representatives by the end of the next business day. The Federal OSHA standard does not specify that copies of the Annual Summary must be supplied to the requestor(s). CA Labor Code 8 CCR 3204
Inaccessible Records	Criminal investigations and letters of reference. Ratings, reports, or records that were: Obtained prior to the employee's employment Prepared by identifiable examination committee members Obtained in connection with a promotional examination Employees who are subject to the Public Safety Officers Procedural Bill of Rights Employees of agencies subject to the Information Practices Act of 1977 CA Labor Code §1198.5