California’s SB 513: Expanded Personnel File Requirements Create New Obligations for Employers | By: Tanner Hosfield
California’s SB 513: Expanded Personnel File Requirements Create New Obligations for Employers | By: Tanner Hosfield

Effective January 1, 2026, Senate Bill 513 amends California’s Labor Code section 1198.5 to broaden the definition of “personnel records” to include certain education and training records when maintained by the employer.  Employers should act now to ensure compliance and avoid penalties.

What SB 513 Changes

1. Expanded Definition of Personnel Records

Under existing law, current and former employees (or their authorized representative) had the right to inspect and receive copies of personnel records that the employer maintains which relate to the employee’s performance or any grievance concerning the employee. 

SB 513 clarifies that those records must include education or training records if the employer maintains them. 

2. Specified Content for Training/Education Records

If an employer maintains education or training records, those records must include the following details:

  • The employee’s name;  
  • The name of the training provider;  
  • The date and duration of the training;  
  • The core competencies addressed in the training (including equipment or software skills); and  
  • The resulting certification or qualification

3. Timing, Access & Penalties Remain

Many of the procedural rules remain unchanged. As a reminder, employers must provide records for inspection or copying within 30 calendar days of a written request (or up to 35 days by mutual agreement). Failure to comply can result in a statutory penalty of up to $750 per violation, and the employee may seek injunctive relief and attorney’s fees.

Key Takeaways

  • Training and education records that previously may have been maintained separately, informally or inadequately are now subject to retention and inspection rights. For employers that keep such records, they must be complete, properly filed, and made available upon request.
  • Failing to comply exposes the employer to penalties and litigation risk.
  • The expanded scope of personnel record requirements means the employer must review record-keeping practices, ensure proper documentation of training/education, and incorporate these records into the broader personnel file system.

SB 513 signals another expansion of employee rights under California law, so employers must stay informed and take prompt action to ensure compliance. Employers should audit existing training/education records and integrate them into the company’s personnel file system. Handbook policies and training for HR should be reviewed and updated to abide by the obligations of the new law. Early preparation will help avoid new regulatory or litigation problems.

This publication is published by the law firm of Ervin Cohen & Jessup LLP. The publication is intended to present an overview of current legal trends; no article should be construed as representing advice on specific, individual legal matters. Articles may be reprinted with permission and acknowledgment. ECJ is a registered service mark of Ervin Cohen & Jessup LLP. All rights reserved.

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