How to get copies of your pay records and personnel file

This page is general information, not legal advice.

Which records can I ask for?

California gives you the right to three kinds of records:

You can ask for all three in one letter.

Why would I want them?

• To prove unpaid wages. Pay records show your hours, rates and deductions. They help with a wage claim.
• To check a firing or discipline. Your file shows what your employer wrote about you.
• To see what you agreed to. Papers you signed may include a promise to use private arbitration instead of court, or rules about commissions.
• For a new job, a loan or a lease. Proof of income and dates worked.
• For immigration or tax papers. Proof of your work history. Talk to an immigration lawyer before you send work records to any government office.

What must be on my pay stub?

Every pay period, your employer must give you a written wage statement. It must show, among other things (Labor Code 226):

• Gross wages and net wages
• Total hours worked, and each hourly rate with the hours at that rate
• Piece rate units and rates, if you are paid by the piece
• Every deduction
• The dates of the pay period
• Your name and only the last four digits of your Social Security number, or an employee ID number
• The employer's legal name and address

Your employer must keep copies for at least three years. If your stubs are missing these items, the law can give you money too. For a knowing and intentional violation, you can get $50 for the first pay period and $100 for each later one, up to $4,000, plus costs and attorney fees (Labor Code 226).

How do I ask?

1. Write it down. A request for your personnel file must be in writing. If you ask out loud, your employer must give you its own request form (Labor Code 1198.5). Put your pay records request in the same letter.
2. Be clear. Say which records, the dates you worked, and how you want them (pick up, mail, or email).
3. Date and sign it. Write your name the way it appears on your pay stubs.
4. Keep a copy. Take a photo of the signed letter.
5. Send it in a way you can prove. Email to HR with a saved copy, certified mail, or hand delivery with a coworker present. Write the date you sent it.
6. Mark your calendar. Count 21 days for pay records and 30 days for the personnel file from the day you sent it.

Someone can ask for you. You can authorize a representative in writing, like a family member or a clinic. Your employer may check identity (Labor Code 1198.5).

How much can my employer charge?

Only the actual cost of making copies, for both pay records and the personnel file (Labor Code 226; Labor Code 1198.5). If you are a former worker and want copies mailed, you may have to pay postage.

I no longer work there. Can I still ask?

Yes. Former workers have the right to both pay records and the personnel file.

• Your employer must keep personnel records for at least three years after your job ends (Labor Code 1198.5).
• A former worker can make one personnel file request per year.
• A former worker can look at the file where the employer keeps it, or get copies by mail.

Ask soon after you leave, while the records are easy to find.

What will not be in my file?

Some things are left out by law (Labor Code 1198.5):

• Letters of reference
• Records about a criminal investigation of you
• Some test materials for hiring or promotion

Your employer may also black out the names of coworkers who are not supervisors. And if you have already sued your employer about a personnel matter, the right to the file pauses while that case is open.

What if my employer does not answer?

If your employer misses the deadline, it can owe you a $750 penalty for pay records (Labor Code 226(f)) and another $750 for the personnel file (Labor Code 1198.5). You can recover them yourself or through the Labor Commissioner.

What to do:

1. Send a short reminder with a copy of your first letter.
2. If there is still no answer, file a claim with the Labor Commissioner. The penalty for not letting you see pay records must be claimed within 1 year (How to File a Wage Claim).
3. If you are already filing a wage claim, add the penalty to it. You do not need the records to file. Your own notes count.

The Labor Commissioner says it does not ask about immigration status (Labor Commissioner).

Can my employer punish me for asking?

No. Asking for your records is a right under the Labor Code. Punishing you for using a Labor Code right is illegal retaliation (Labor Code 98.6). If your hours are cut or you are threatened after you ask, see What counts as illegal retaliation at work.

What mistakes should I avoid?

• Asking only out loud. Put it in writing so the clock starts.
• Not keeping proof of when you sent it.
• Waiting years. Employers must keep records for three years. Some penalties have a one year limit.
• Signing a statement that your hours were different from the truth to get paid. The law treats that kind of forced statement as an illegal release (Labor Code 206.5).
• Sending your only copies of anything. Keep originals at home.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Labor Commissioner: penalties for records not given, with phone interpreters at 833-526-4636. How to file
• Legal Aid at Work, Workers' Rights Clinic: free and confidential for people within its income limits or age 60 and over. East Palo Alto line: (415) 404-9093. Clinic details
• More local help: Free help with a work problem in the Bay Area

Your work history is yours. One letter is often all it takes.

Questions people ask

Can I just take photos of my pay stubs? Yes. Photos of stubs you already got are good proof. Keep them on your own phone.

I was paid in cash with no stubs. Can I still ask? Yes. Ask for any payroll records. If your employer has none, that is a problem for them, not you. Write down your own hours and pay.

Can my employer make me read my file only at the office? A current worker can look at it where they work. You can also ask for copies at the cost of copying.

Does this work for a staffing agency job? Send the letter to the company that paid you. If you are not sure who that is, send it to both and keep copies.

Is there a letter I can print?