©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 335 employment, meal/rest break policies, etc.).15 This is distinct from the broader right to know and related rights under CCPA (see Chapter 4). 10.3 Shopping Investigator’s Report Employees disciplined on the basis of a report by a shopping investigator must be given a copy of the report before discipline is imposed.16 10.4 Payroll Records California employers must comply with oral or written requests from current or former employees to inspect and copy their payroll records within 21 calendar days.17 A “copy” includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information required under California law.18 Failure to comply entitles the current or former employee, or the Labor Commissioner, to recover a $750 penalty from the employer, plus a potential PAGA penalty.19 Courts can also issue injunctive relief and attorney fees are similarly available to ensure compliance.20 California employers must provide itemized wage statements to employees, and permit employees to inspect those records and obtain a copy.21 (See § 16.3.) As of January 1, 2019, employers must provide the employee a copy of the wage statements or computer-generated record upon request, rather than just providing an opportunity for an “inspection.”22 These rights are distinct from the broader right to know and related rights under CCPA (see Chapter 4). Associated requests may be comingled. California employers must make work records available to state inspectors.23 1 Lab. Code § 1198.5(a), (b)(1). 2 Lab. Code § 1198.5(b)(2). 3 Lab. Code § 1198.5(b)(2). 4 Lab. Code § 1198.5(c)(2). 5 Gov’t Code § 12946(a) (California employers must maintain and preserve employee personnel files for a minimum of four years after termination). 6 Lab. Code § 1198.5(c)(3)(A), (B). 7 Lab. Code § 1198.5(d), (p). 8 Lab. Code § 1198.5(n), (q)(1)-(4). 9 Lab. Code § 1198.5(h). 10 Lab. Code § 1198.5(g). 11 Lab. Code § 1198.5(k)-(m). 12 Lab. Code § 432. 13 Id. 14 Seyfarth Shaw LLP, “The Peculiar ‘Personnel-ity’ of California Personnel File Inspection Laws,” EMPLOYMENT LAW OUTLOOK (2016), https://www.laborandemploymentlawcounsel.com/2016/12/the-peculiar-personnel-ity-of-california-personnel-file-inspection-laws/ (last visited Mar. 8, 2022). 15 Id. 16 Lab. Code § 2930(a). 17 Lab. Code § 226(c). 18 Lab. Code § 226(a). 19 Lab. Code § 226(f),(h).
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