Cal. Labor Code 1198.5
(c) requires that an employer make an employee's personnel file available for inspection pursuant to the following conditions:
- Keep a copy of each employee's personnel records at the place where the employee reports to work.
- 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.
- 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.
As you are a "home office" worker, the question is where do you report to work? You could argue that it's at your home, and the employer can argue it's at the location where your manager works.
Unfortunately, there is no case law interpreting this dilemma. The only thing that you can do would be to make your request in writing, to have the file sent to your home as that is where you "report to work," and if the employer refuses, then you would have to file a complaint with the Division of Labor Standards Enforcement
and see if the DLSE will support your interpretation of the law.
Hope this helps.
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