Assembly Bill A4714

2019-2020 Legislative Session

Relates to emplyees' right to review personnel records

download bill text pdf

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Archive: Last Bill Status - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A4714 (ACTIVE) - Details

See Senate Version of this Bill:
S5044
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L; add §153, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4350, S1629
2011-2012: A2314, S3730
2013-2014: A1174, S4134
2015-2016: A7876, S2578
2017-2018: A4836, S2191
2021-2022: S5647
2023-2024: S7946

2019-A4714 (ACTIVE) - Summary

Provides public and private employees the right to review their personnel file.

2019-A4714 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4714
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. TITUS -- read once and referred 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:
   §  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.
              

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