senate Bill S3730

2011-2012 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 Labor 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to labor
Mar 02, 2011 referred to labor

Co-Sponsors

S3730 (ACTIVE) - Details

See Assembly Version of this Bill:
A2314
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L; add §153, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1629, A4350
2013-2014: S4134, A1174
2015-2016: S2578, A7876
2017-2018: S2191, A4836
2019-2020: S5044, A4714

S3730 (ACTIVE) - Summary

Provides public and private employees right to review personnel file.

S3730 (ACTIVE) - Sponsor Memo

S3730 (ACTIVE) - Bill Text download pdf

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

                                  3730

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sens. OPPENHEIMER, DIAZ, DILAN, KRUEGER, SAMPSON -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06132-01-1

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