senate Bill S1629A

2009-2010 Legislative Session

Provides public and private employees right to review personnel file

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 12, 2010 reported and committed to civil service and pensions
Mar 11, 2010 print number 1629a
Mar 11, 2010 amend and recommit to labor
Jan 06, 2010 referred to labor
Apr 28, 2009 reported and committed to finance
Feb 23, 2009 reported and committed to codes
Feb 03, 2009 referred to labor

Votes

view votes

Apr 12, 2010 - Labor committee Vote

S1629A
5
1
committee
5
Aye
1
Nay
9
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Apr 12, 2010

nay (1)
excused (1)

Co-Sponsors

S1629 (ACTIVE) - Details

See Assembly Version of this Bill:
A4350
Current Committee:
Senate Civil Service And Pensions
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L; add §153, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3730, A2314
2013-2014: S4134, A1174
2015-2016: S2578, A7876
2017-2018: S2191, A4836
2019-2020: S5044, A4714

S1629 (ACTIVE) - Summary

Provides public and private employees right to review personnel file.

S1629 (ACTIVE) - Sponsor Memo

S1629 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1629

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Labor

AN ACT to amend the labor law and the civil service law, in relation  to
  employees' right to review personnel records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section  211-b  to
read as follows:
  S  211-B.  EMPLOYEE RIGHT TO REVIEW PERSONNEL RECORDS. 1. THE EMPLOYER
SHALL, UPON WRITTEN REQUEST FROM AN EMPLOYEE OR FORMER EMPLOYEE, PROVIDE
SUCH EMPLOYEE, FORMER  EMPLOYEE  SEPARATED  FROM  EMPLOYMENT  WITH  SUCH
EMPLOYER WITHIN THE PREVIOUS THREE YEARS, REPRESENTATIVE OF A RECOGNIZED
OR  CERTIFIED EMPLOYEE ORGANIZATION OR ATTORNEY OF SUCH EMPLOYEE WITH AN
OPPORTUNITY TO REVIEW AND COPY THE  EMPLOYEE'S  PERSONNEL  FILE  IF  THE
EMPLOYER  HAS A PERSONNEL FILE FOR THAT EMPLOYEE. THE REVIEW AND COPYING
MUST TAKE PLACE AT THE LOCATION WHERE THE PERSONNEL FILES ARE MAINTAINED
AND DURING NORMAL BUSINESS HOURS UNLESS, AT THE EMPLOYER'S DISCRETION, A
MORE CONVENIENT TIME AND LOCATION FOR THE EMPLOYEE ARE ARRANGED.
  2. IN EACH CALENDAR YEAR, THE EMPLOYER SHALL PROVIDE, AT  NO  COST  TO
THE  EMPLOYEE,  ONE  COPY OF THE ENTIRE PERSONNEL FILE WHEN REQUESTED BY
THE EMPLOYEE OR FORMER EMPLOYEE  SEPARATED  FROM  EMPLOYMENT  WITH  SUCH
EMPLOYER WITHIN THE LAST THREE YEARS AND, WHEN REQUESTED BY THE EMPLOYEE
OR FORMER EMPLOYEE SEPARATED FROM EMPLOYMENT WITHIN THE LAST THREE YEARS
WITH  SUCH EMPLOYER, ONE COPY OF ALL THE MATERIAL ADDED TO THE PERSONNEL
FILE AFTER THE COPY OF THE ENTIRE FILE WAS PROVIDED. THE COST OF COPYING
ANY OTHER MATERIAL REQUESTED DURING THE CALENDAR YEAR SHALL BE  PAID  BY
THE EMPLOYEE REQUESTING THE COPY.
  3. FOR PURPOSES OF THIS SECTION, A PERSONNEL FILE INCLUDES, BUT IS NOT
LIMITED  TO,  ANY  FORMAL  OR  INFORMAL EMPLOYEE EVALUATIONS AND REPORTS
RELATING TO THE EMPLOYEE'S CHARACTER, CREDIT, WORK HABITS,  COMPENSATION
AND BENEFITS, AND NONPRIVILEGED MEDICAL RECORDS OR NURSES' STATION NOTES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06723-01-9

Co-Sponsors

S1629A (ACTIVE) - Details

See Assembly Version of this Bill:
A4350
Current Committee:
Senate Civil Service And Pensions
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L; add §153, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3730, A2314
2013-2014: S4134, A1174
2015-2016: S2578, A7876
2017-2018: S2191, A4836
2019-2020: S5044, A4714

S1629A (ACTIVE) - Summary

Provides public and private employees right to review personnel file.

S1629A (ACTIVE) - Sponsor Memo

S1629A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1629--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ, DILAN, KRUEGER, SAMPSON, SCHNEID-
  ERMAN  --  read  twice  and  ordered  printed,  and when printed to be
  committed to the Committee on Labor -- recommitted to the Committee on
  Labor  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the labor law and the civil service law, in relation to
  employees' right to review personnel records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 211-b to
read as follows:
  S 211-B. EMPLOYEE RIGHT TO REVIEW PERSONNEL RECORDS. 1.  THE  EMPLOYER
SHALL, UPON WRITTEN REQUEST FROM AN EMPLOYEE OR FORMER EMPLOYEE, PROVIDE
SUCH  EMPLOYEE,  FORMER  EMPLOYEE  SEPARATED  FROM  EMPLOYMENT WITH SUCH
EMPLOYER WITHIN THE PREVIOUS THREE YEARS, REPRESENTATIVE OF A RECOGNIZED
OR CERTIFIED EMPLOYEE ORGANIZATION OR ATTORNEY OF SUCH EMPLOYEE WITH  AN
OPPORTUNITY  TO  REVIEW  AND  COPY  THE EMPLOYEE'S PERSONNEL FILE IF THE
EMPLOYER HAS A PERSONNEL FILE FOR THAT EMPLOYEE. THE REVIEW AND  COPYING
MUST TAKE PLACE AT THE LOCATION WHERE THE PERSONNEL FILES ARE MAINTAINED
AND DURING NORMAL BUSINESS HOURS UNLESS, AT THE EMPLOYER'S DISCRETION, A
MORE CONVENIENT TIME AND LOCATION FOR THE EMPLOYEE ARE ARRANGED.
  2.  IN  EACH  CALENDAR YEAR, THE EMPLOYER SHALL PROVIDE, AT NO COST TO
THE EMPLOYEE, ONE COPY OF THE ENTIRE PERSONNEL FILE  WHEN  REQUESTED  BY
THE  EMPLOYEE  OR  FORMER  EMPLOYEE  SEPARATED FROM EMPLOYMENT WITH SUCH
EMPLOYER WITHIN THE LAST THREE YEARS AND, WHEN REQUESTED BY THE EMPLOYEE
OR FORMER EMPLOYEE SEPARATED FROM EMPLOYMENT WITHIN THE LAST THREE YEARS
WITH SUCH EMPLOYER, ONE COPY OF ALL THE MATERIAL ADDED TO THE  PERSONNEL
FILE AFTER THE COPY OF THE ENTIRE FILE WAS PROVIDED. THE COST OF COPYING
ANY  OTHER  MATERIAL REQUESTED DURING THE CALENDAR YEAR SHALL BE PAID BY
THE EMPLOYEE REQUESTING THE COPY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06723-02-0

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