Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

1198.5 re Records Inspection: identifieable examination committee members California

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • 1198.5 re Records Inspection: identifieable examination committee members California

    In 1198.5, would anyone know what qualifies as examination committee, how its members are determined, and what does it mean to be identifiable? Is there any other source of info on this?
    Does this mean that any review of an employee by someone who is identifiable does not have to be disclosed?

    1198.5. (a) Every employee has the right to inspect the personnel
    records that the employer maintains relating to the employee's
    performance or to any grievance concerning the employee.
    (b) The employer shall make the contents of those personnel
    records available to the employee at reasonable intervals and at
    reasonable times. Except as provided in paragraph (3) of subdivision
    (c), the employer shall not be required to make those personnel
    records available at a time when the employee is actually required to
    render service to the employer.
    (c) The employer shall do one of the following:
    (1) Keep a copy of each employee's personnel records at the place
    where the employee reports to work.
    (2) Make the employee's personnel records available at the place
    where the employee reports to work within a reasonable period of time
    following an employee's request.
    (3) Permit the employee to inspect the personnel records at the
    location where the employer stores the personnel records, with no
    loss of compensation to the employee.
    (d) The requirements of this section shall not apply to:
    (1) Records relating to the investigation of a possible criminal
    (2) Letters of reference.
    (3) Ratings, reports, or records that were:
    (A) Obtained prior to the employee's employment.
    (B) Prepared by identifiable examination committee members.
    (C) Obtained in connection with a promotional examination.
    (4) Employees who are subject to the Public Safety Officers
    Procedural Bill of Rights, Chapter 9.7 (commencing with Section 3300)
    of Division 4 of Title 1 of the Government Code.
The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.