California Labor Code section 226, among other things, provides current and former employees, upon reasonable request to their employer, the right to inspect or copy records pertaining to their employment. Upon receipt of a request the employer must comply “as soon as practicable but no later than 21 days from the date of the request.”

Section 226 was amended on September 17, 2018, to codify penalties for violation of the requirement to maintain records and permit their inspection or copying by current and former employees “as soon as practicable but no later than 21 days from the date of the request.” Subpart (f) of 226 now explicitly authorizes an award of $750 to the current or former employee or to the Labor Commissioner.

It remains the employer’s obligation to maintain wage, time, break and work- related employment records. The failure to do so impairs the ability of the employer to defend wage and hour actions as the current or former employee’s testimony will likely be persuasive in the absence of such records. Now, in addition to the evidentiary litigation disadvantage that arises out of the failure to maintain such records, the employer will also face a fine. The fine itself may result in a complete loss of credibility for an employer in wage and hour litigation and may result in large judgments in favor of current and former employees.

If you are an employer who is unsure what employment records you must maintain and for how long, we recommend that you contact your labor attorney and make sure you comply with these maintenance and access requirements.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.