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California Government Code Section 12946

Legal Research Home > California Lawyer > Government Code > California Government Code Section 12946

It shall be an unlawful practice for employers, labor
organizations, and employment agencies subject to the provisions of
this part to fail to maintain and preserve any and all applications,
personnel, membership, or employment referral records and files for a
minimum period of two years after the records and files are
initially created or received, or for employers to fail to retain
personnel files of applicants or terminated employees for a minimum
period of two years after the date of the employment action taken.
For the purposes of this section, the State Personnel Board is exempt
from the two-year retention requirement and shall instead, maintain
the records and files for a period of one year.  Upon notice that a
verified complaint against it has been filed under this part, any
such employer, labor organization, or employment agency shall
maintain and preserve any and all records and files until the
complaint is fully and finally disposed of and all appeals or related
proceedings terminated.  The commission shall adopt suitable rules,
regulations, and standards to carry out the purposes of this section.
  Where necessary, the department, pursuant to its powers under
Section 12974, may seek temporary or preliminary judicial relief to
enforce this section.

Last modified: January 12, 2009