AB 436 — Wages: records: inspection and copying.

1 sponsors · 0 co-sponsors · 121 not signed on

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Frequently asked questions

What does AB 436 do?

Existing law requires an employer, semimonthly or at the time of payment of wages, to furnish an employee, an accurate, itemized, written statement containing specified information regarding the amounts earned, hours worked, and the employee's identity, among other things, subject to certain variations. Existing law grants current and former employees of employers who are required to keep this information the right to inspect or copy records pertaining to their employment, upon reasonable request. Existing law requires an employer to respond to these requests as soon as practicable, but no later than 21 calendar days from the date of the request, and prescribes a penalty of $750 for an employer's failure to permit a current or former employee to inspect or copy records within that time, to be recovered by the employee or the Labor Commissioner. Existing law gives every current and former employee, or a representative, the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee's performance or to any grievance concerning the employee. Existing law requires the employer to make the contents of those personnel records available for inspection to the current or former employee, or a representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or a representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer's receipt of the written request. Similar provisions apply to a written request from a current or former employee, or a representative, for a copy of the personnel records. This bill would require, if an employee or their representative requests to inspect or copy records relating to the itemized statement and also requests to inspect or receive a copy of personnel records, that the deadline to comply with both requests be governed by the response deadline provisions for personnel records.

Who sponsors AB 436?

AB 436 is sponsored by Fong, Mike (Democratic).

What is the current status of AB 436?

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Where can I track AB 436?

Track AB 436 free on One Click Politics — get push/email alerts when it moves.