ASAP
California Employers, Heads Up: Senate Bill 513 Just Changed the Rules on Personnel Files
Senate Bill (SB) 513, now law, quietly but significantly expands what California employers must track in personnel files and share with employees.
What’s New Under SB 513?
SB 513 amends Labor Code Section 1198.5 to make education and training records explicitly part of the “personnel records” that current and former employees (or their authorized representatives) have the right to inspect and copy.
Employers that maintain education or training records should follow these guidelines:
- What Your Training Records Must Show
Employers must ensure training or education records contain:
- Employee’s name
- Trainer’s name
- Date and duration of training
- Core competencies of training, including skills in equipment or software
- Any resulting certification or qualification
- Timely Access Still Applies
The 30-day rule remains. Employers must respond to written requests for inspection or copies within 30 calendar days, unless both parties agree in writing to extend up to 35 days from the date the employer’s receipt of the written request.
- Retention Requirements
Employers must retain personnel records—including these expanded education and training records—for at least three years after an employee’s termination.
- One Request Rule for Former Employees
Former employees may only make one request per year to inspect or receive a copy of their records.
- Verification and Forms
Employers may verify the identity of the requester and can require use of an employer-provided form, which must be made available upon verbal request.
Why It Matters
This amendment is not just a paperwork update—it is a compliance mandate. Failing to meet these requirements can expose employers to penalties, including criminal liability. SB 513 also enforces transparency and accountability in workforce development, making training documentation a legal obligation, not just a sound HR practice.
Bottom Line
If your organization offers training, now is the time to audit your recordkeeping systems. SB 513 turns education and training records into regulated personnel documents. Be proactive, be precise, and be prepared.
