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California Labor Code section 1198.5 currently requires employers to maintain and make available to current and former employees personnel records “relating to the employee’s performance or to any grievance concerning the employee.” Effective January 1, 2026 the scope of employer obligations under section 1198.5 will expand.
Specifically, pursuant to SB 513, employers must maintain education and training records as part of employee personnel files. The new requirement covers not only trainings required under applicable law, such as sexual harassment and workplace violence prevention, but also employer-specific training and educational programs. Of note, such records must include specific information, including the name of the training provider, the date and duration of the training, and any resulting certification or qualification.
In light of the foregoing, employers are encouraged to work with counsel to audit their file-keeping and document retention policies and practices, as well as their procedures for responding to employee records requests, to ensure all required documents are properly preserved and maintained.
JMBM’s Labor & Employment attorneys counsel businesses and management on workplace issues, helping to establish policies that address problems and reduce job-related lawsuits. We act quickly to resolve claims and aggressively defend our clients in all federal and state courts, before the Department of Labor, the NLRB, and other federal, state and local agencies, as well as in private arbitration forums. We represent employers in collective bargaining negotiations and arbitration. If you have questions or need guidance on how these changes may affect your business, please contact a JMBM attorney.
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