Understanding California's SB513: New Training Records Requirements
- The Talent Authority Team
- Nov 20, 2025
- 6 min read
Updated: 2 days ago
Overview of SB513
California’s SB513, effective January 1, 2026, expands the definition of personnel records under Labor Code §1198.5. This change explicitly includes education and training records. The implications for employers are significant. They must now document, store, and provide access to training information for both current and former employees. This post aims to clarify these changes and their impact on your organization.
Training and development activities—whether conducted internally or by external vendors—are now subject to the same inspection, access, and retention rules as performance evaluations or disciplinary actions. Employers operating in California should prepare now to ensure full compliance. Employers outside of California are also encouraged to start documenting attendance.
While SB513 applies specifically to California employers, the new law underscores the importance of performance documentation in employment decisions. Transparent training documentation and consistent employee recordkeeping should become best practices—even outside California.
Benefits of Compliance
For organizations with distributed workforces or employees in multiple states, adopting California’s standard can help ensure:
Stronger compliance foundations
Better documentation for promotions, performance reviews, and disputes
Reduced risk during audits or investigations
A consistent employee experience across locations
As more states evaluate similar legislation, preparing now can help employers stay ahead of emerging requirements.
What Types of Training Must Be Included?
SB513 applies broadly to any employer-provided, employer-required, or employer-sponsored training. This includes legally required training, skill development, orientation programs, and even personality or soft-skills assessments.
Legally Required Training
Employers must document the following types of training:
Biennial illegal discrimination, retaliation, and harassment prevention training
OSHA-related safety training
Hazard Communication (HazCom)
Bloodborne pathogens training
Workplace violence prevention (where applicable)
Emergency preparedness, fire safety, and evacuation training
Company-Required Training
This includes:
New-hire job orientation and onboarding
Handbook and policy training
Workplace conduct or ethics training
Respect in the workplace programs
Cybersecurity/data privacy/AI training
Job-Specific or Technical Training
Employers must document:
Software and systems training
Machinery and equipment certification
Sales and customer-service training
Compliance training (HIPAA, financial regulations, etc.)
Professional Development & Soft-Skill Training
This includes:
Communication and interpersonal skills
Leadership development
Conflict management workshops
Emotional intelligence (EQ) training
Individualized and One-on-One Coaching
SB513 requires employers to keep documentation for any “education or training record” that is:
employer-provided,
employer-sponsored, or
employer-required,
and relates to the employee’s performance or skills. The law explicitly includes core competencies, skills taught, software/equipment training, and certifications or qualifications resulting from the training.
Even though the bill does not list “coaching” by name, many coaching activities fall squarely within the law’s intent, including executive coaching.
Assessments
Assessments are closely linked to training, coaching, performance evaluation, development, or "educating." They are subject to the same rules. Even though SB 513 doesn’t name “assessments” specifically, they clearly fall under the categories listed in the law. Pre-employment assessments that are not used for employee education would fall outside the scope of this law.
Important: We do not recommend including private assessment results in the employee files for privacy concerns; however, the training paired with an assessment should include the assessment name. If an assessment is done without training, the "development" might be logged similarly to an online or eLearning module.
What Must Each Training Record Contain?
SB513 requires employers to maintain training documentation that includes:
Employee name
Training provider name (internal trainer or external vendor)
Date and duration of the training
Core competencies covered, including skills learned or equipment/software addressed
Certification, qualification, or completion outcome
There is no prescribed format for how this information must be stored—only that it is complete, accessible, and part of the individual employee's personnel file.
We have put together some sample forms, which can be customized.
What Documentation Must Employers Keep?
The law does not require signatures or any specific form—only that the record is clear and contains the required information. Acceptable documentation includes:
1. Attendance Rosters
If a group roster is used, employers may either:
- Employee name
- Training date/duration
- Training provider
- Competencies covered
- Completion status
2. LMS (Learning Management System) Records
Employers should maintain:
Downloaded certificates
Completion logs
System-generated attendance summaries
3. Certificates of Completion
These should be provided by internal trainers or vendors.
4. Individual Acknowledgment Forms
These are useful when the training is conducted in groups or by third parties.
No Signature Requirement
SB513 explicitly does not require signatures from the trainer or the trainee, though some employers may choose to collect them as a best practice.
Employee Access and Inspection Rights
Under the law, training and education records are now subject to the same inspection rules as other personnel records. Employers must:
Provide access or copies within 30 calendar days of receiving a written request (or within 35 days if there is a written agreement)
Make records available at the workplace or another mutually agreeable location for current employees
Provide copies by mail to former employees upon request (employee reimburses postage)
Retain all personnel records—including training documents—for at least 3 years after employment ends
Penalties for Non-Compliance
SB513 includes enforcement mechanisms to ensure transparency and timely access. If an employer fails to provide personnel or training records within the required timeframe:
Penalty Amount: A $750 civil penalty
Who Can Recover the Penalty?
The penalty is recoverable by:
The employee, or
The California Labor Commissioner (DLSE) on the employee’s behalf
Additional Consequences
Employers may also face:
Injunctive relief (a court order compelling compliance)
Recovery of costs and reasonable attorney’s fees by the employee
This makes timely compliance not just best practice, but essential risk management.
Our Recommendations to Prepare for 2026
1. Audit All Existing Training
Identify all training currently delivered, required, or planned for next year and confirm that documentation exists. Identify the mode(s) of delivery, including in-person, webinar, eLearning, etc., and decide the best documentation for each mode.
2. Conduct a Gap Analysis
Ensure every training record includes: Employee name, provider, date, duration, competencies, and outcome.
3. Standardize Your Documentation Process
Decide whether to use:
Individual acknowledgment forms
Certificates (sample multi-session certificate to view)
LMS reports
Group rosters with employee-specific copies
4. Align With Vendors
Employers should ensure that third-party training providers deliver documentation that meets California’s specific requirements under SB513. This is especially important when working with out-of-state vendors who may be unfamiliar with California’s stricter recordkeeping standards. Partnering with providers who understand these requirements—such as Talent Authority—helps reduce compliance risk and ensures training documentation includes all mandatory information.
5. Update Personnel File Procedures / Handbook
Ensure that all training records are maintained within each employee’s personnel file and can be accessed quickly when needed. If your organization uses a Learning Management System (LMS), confirm whether the LMS satisfies your personnel file requirements. If it does not, update your handbook to clarify that LMS training records are considered part of the employee’s personnel file and can be accessed by employees through the LMS.
6. Define What Qualifies as Education and Training
While some activities clearly fall under education or training, others are less obvious. For example: Should a 15-minute safety huddle count as training? Should a half-day product launch meeting be recorded? What about a three-day senior leadership retreat?
Because the law does not address these nuances, it’s important for your organization to establish clear internal definitions. Determine which activities you consider “educational” and therefore should be logged, versus those that are purely “informational” and may not require tracking. This clarity helps ensure consistency and compliance across your training records.
7. Implement or Update a Retention Policy
Confirm all training records are kept at least 3 years after termination.
8. Train HR and Supervisors
Educate staff on the new requirements, inspection deadlines, and create standardized forms to use.
9. Designate Responsibility
Identify who will be responsible for reviewing, collecting, and inserting the documentation into employee files.
Final Thoughts
SB513 significantly strengthens California’s transparency requirements regarding employee development, training, and performance-related documentation. By classifying training records as personnel records, the state ensures that employees have full access to the training and certifications that may impact their careers. Employers, even those outside California, who prepare now—by organizing documentation, updating internal processes, and training HR teams—can avoid penalties and reduce legal exposure while supporting a more accountable and transparent workplace culture.