by: Dylan T. De Wit | August 11th, 2026

Receiving a request for an employee’s personnel records can be unsettling, particularly if staff are unfamiliar with the legal requirements associated with complying with the request. Fortunately, not every request signals impending litigation, and knowing how to identify and respond to the request can help ensure compliance while protecting confidential information.

For California government employers, personnel records are typically requested in one of two ways: (1) through the California Public Records Act (“CPRA”), or (2) by a current or former employee under Labor Code section 1198.5. Although these requests may involve similar records, they are governed by different rules, deadlines, and limitations. Thus, the first step is determining which law applies.

Understanding the Type of Request

A request made under the CPRA generally seeks access to public records maintained by a public agency. Because the CPRA promotes government transparency, requests may be submitted by any member of the public, and agencies generally may not ask why the records are being requested.

By contrast, Labor Code section 1198.5 allows current and former employees, or their authorized representatives, to inspect and obtain copies of certain personnel records maintained by their employer. These requests are limited to records relating to the employee’s performance and grievances during their employment.

Requests Under the Public Records Act

When a CPRA request is received, the agency must, within 10 calendar days, determine whether it has responsive records and whether those records will be disclosed or withheld. Within the same timeframe, the requester must be notified of this determination, including any records being withheld and the legal basis, the estimated date for producing disclosable records, and the names of individuals responsible for any denial. No written determination is required if the request is fully satisfied within the 10-day period. In limited “unusual circumstances,” which are set forth in the CPRA, the response deadline may be extended by up to 14 additional days (24 days total) if the requester and employer agree in writing.

If a request is unclear or overly broad, the agency should not simply deny it. Instead, it should work with the requester to clarify or narrow the request so responsive records can be identified. Once responsive records have been identified, a reasonable search must be conducted for the records.

What Must be Disclosed Under the CPRA?

The CPRA favors disclosure, however, it recognizes that certain information should remain confidential. The statute contains limited mandatory exemptions that are scattered across specific provisions of the CPRA. (See Cal. Govt. Code §§ 7920.000–7931.000.) Generally, records requiring nondisclosure contain sensitive information including personal identifying information, medical documentation, privileged communications, and records protected by other state or federal laws. The CPRA also contains a catch-all exemption that allows an agency to withhold records when disclosure would cause greater harm than benefit to the public.

If only a portion of the record is subject to disclosure, the protected information generally must be redacted. Further, if a document is withheld, justification must be given by demonstrating the record in question is exempt under express provisions of the CPRA.

6 Practical Tips for CPRA Requests

Law Enforcement Records: Distinct CPRA Considerations

Generally, requests for law enforcement personnel records are subject to the same CPRA deadlines and requirements for redaction of non-disclosable records. However, by statute, peace officer or custodial officer personnel records maintained by a state or local agency are generally confidential and exempted from public disclosure. Personnel records include personal data, employee complaints, advancement or discipline, and only the type of information enumerated in Penal Code section 832.8.

Notwithstanding the general rule of confidentiality, the Penal Code lists explicit nonconfidential records that are open to public inspection under the CPRA. This includes, among others, records that relate to: an officer’s discharge of a weapon, certain incidents of sexual assault or dishonesty, conduct involving prejudice or discrimination, and sustained findings of use-of-force violations. A complete list of disclosable personnel records is outlined in Penal Code section 832.7.

Requests from Employees Under the Labor Code

Labor Code section 1198.5 gives current and former employees the right to inspect and receive copies of certain personnel records maintained by their employer. Requests may also come from a representative, meaning a person authorized in writing by the employee to inspect or receive a copy of the personnel file.

Upon receiving a written request, the employer must make the records available within 30 calendar days. This deadline may be extended by no more than five additional days if both parties agree in writing. A public employer is only required to comply with one request per year by a former employee, and no more than 50 requests per month by a representative. Notably, the penalty for noncompliance is $750. An employee may also obtain an injunction against the employer that fails to comply with section 1198.5.

Responding to Requests from Employees

There is no clear definition of a “personnel file” for purposes of section 1198.5. According to the California Department of Labor Standards and Enforcement (DLSE), “‘personnel records’ are those that are used or have been used to determine an employee's qualifications for promotion, additional compensation, or disciplinary action, including termination.”

This certainly includes applications; payroll authorization forms; disciplinary actions, such written warnings, suspensions, documented verbal warnings or “coaching”; documents relating to leaves of absence or vacations; layoff records and notices; wage attachment and garnishment records; education and training records; performance reviews; and attendance records.

Generally, the personnel file does not include internal email communications (unless they constitute disciplinary action) or medical records. Employers are never required to produce letters of reference or records relating to the investigation of a possible criminal offense. Further, section 1198.5 explicitly excludes from production any ratings, reports, or records obtained prior to the employee’s employment, obtained in connection with a promotional exam, or prepared by identifiable examination committee members.

Personnel records should be reviewed carefully before production. Records relating to criminal investigations, letters of reference, and certain preemployment records are generally excluded from disclosure. In addition, employers may redact the names of nonsupervisory employees other than the requesting employee.

For current employees, records generally should be made available at the employee’s work location or another mutually agreeable location. Former employees may inspect the records where they are maintained or request that copies be mailed after reimbursing actual mailing costs.

Employers receiving records requests should further review for requests submitted under Labor Code section 432, which allows an employee to collect any document they signed relating to their hiring and employment with the employer.

Does Section 1198.5 Apply?

Generally, all California employers are subject to section 1198.5’s disclosure requirements. However, section 1198.5 explicitly exempts from disclosure requirements the following:

• Employees who are subject to Public Safety Officers Procedural Bill of Rights or who work for agencies subject to the Information Practices Act of 1977.
• Employees who are covered by a valid collective bargaining agreement if the applicable CBA expressly provides for: (a) the wages, hours of work, and working conditions of employees; (b) a procedure for the inspection and copying of personnel records; (c) premium wage rates for all overtime hours worked; and (d) a regular rate of pay of not less than 30 percent more than the state minimum wage rate.
• An employee who has already filed a lawsuit relating to a personnel matter (current litigants).

4 Practical Tips for Labor Code Requests.pdf

Final Takeaway

Personnel file requests are a routine part of public employment. However, not all requests should be handled the same way. When a request is received, always remember to identify who the requestor is to determine whether the request is governed by the CPRA or Labor Code section 1198.5. Careful review of the requested records, including any applicable exemptions or required redactions, will help ensure compliance while protecting confidential and privileged information.

If you have questions about the program, need assistance with requirements, or would like guidance on implementing best practices, please contact GSRMA's Risk Control team at riskcontrol@gsrma.org.