assembly Bill A8008A

2021-2022 Legislative Session

Relates to granting employees access to personnel records

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2022 print number 8008a
May 03, 2022 amend and recommit to labor
Jan 05, 2022 referred to labor
Jun 04, 2021 referred to labor

Co-Sponsors

view additional co-sponsors

A8008 - Details

See Senate Version of this Bill:
S6502
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §210-b, Lab L

A8008 - Summary

Grants employees access to personnel records; requires notice of negative information in such records and an opportunity for a review; permits employee to include certain information in personnel records.

A8008 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8008
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2021
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to employee access to person-
   nel 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 210-b to
 read as follows:
   § 210-B. ACCESS TO PERSONNEL RECORDS. 1. AS USED IN THIS SECTION,  THE
 FOLLOWING  TERMS  SHALL,  UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE,
 HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYEE" MEANS A PERSON CURRENTLY EMPLOYED OR FORMERLY  EMPLOYED
 BY AN EMPLOYER.
   (B)  "EMPLOYER"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LABOR
 ORGANIZATION, UNINCORPORATED ASSOCIATION OR ANY  OTHER  LEGAL  BUSINESS,
 INCLUDING  ANY PUBLIC OR QUASI-PUBLIC ENTITY, AND ANY COMMERCIAL ENTITY,
 AND INCLUDING AGENTS OF SUCH EMPLOYER.
   (C) "PERSONNEL RECORD" MEANS A RECORD KEPT BY AN EMPLOYER THAT IDENTI-
 FIES AN EMPLOYEE, TO THE EXTENT THAT THE RECORD  IS  USED  OR  HAS  BEEN
 USED,  OR  MAY  AFFECT OR BE USED RELATIVE TO THAT EMPLOYEE'S QUALIFICA-
 TIONS FOR EMPLOYMENT, PROMOTION, TRANSFER,  ADDITIONAL  COMPENSATION  OR
 DISCIPLINARY  ACTION.  A  PERSONNEL RECORD SHALL INCLUDE A RECORD IN THE
 POSSESSION OF A PERSON, CORPORATION, PARTNERSHIP  OR  OTHER  ASSOCIATION
 THAT  HAS  A CONTRACTUAL AGREEMENT WITH THE EMPLOYER TO KEEP OR SUPPLY A
 PERSONNEL RECORD AS PROVIDED IN THIS SECTION. A PERSONNEL  RECORD  SHALL
 NOT  INCLUDE  INFORMATION OF A PERSONAL NATURE ABOUT A PERSON OTHER THAN
 THE EMPLOYEE IF DISCLOSURE OF THE INFORMATION WOULD CONSTITUTE A CLEARLY
 UNWARRANTED INVASION OF SUCH OTHER PERSON'S  PRIVACY.  WITHOUT  LIMITING
 THE  APPLICABILITY  OR GENERALITY OF THE FOREGOING, ALL OF THE FOLLOWING
 WRITTEN INFORMATION OR DOCUMENTS TO THE EXTENT PREPARED BY  AN  EMPLOYER
 REGARDING AN EMPLOYEE SHALL BE INCLUDED IN THE PERSONNEL RECORD FOR THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

A8008A (ACTIVE) - Details

See Senate Version of this Bill:
S6502
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §210-b, Lab L

A8008A (ACTIVE) - Summary

Grants employees access to personnel records; requires notice of negative information in such records and an opportunity for a review; permits employee to include certain information in personnel records.

A8008A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8008--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2021
                                ___________
 
 Introduced  by  M.  of A. GONZALEZ-ROJAS, JACKSON, FERNANDEZ, GOTTFRIED,
   DINOWITZ, LAWLER, EPSTEIN, MAMDANI, GOODELL, SILLITTI, GLICK  --  read
   once  and  referred  to  the  Committee on Labor -- recommitted to the
   Committee on Labor in accordance with  Assembly  Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the labor law, in relation to employee access to person-
   nel 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 210-b to
 read as follows:
   § 210-B. ACCESS TO PERSONNEL RECORDS. 1. AS USED IN THIS SECTION,  THE
 FOLLOWING  TERMS  SHALL,  UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE,
 HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYEE" MEANS A PERSON CURRENTLY EMPLOYED OR FORMERLY  EMPLOYED
 BY AN EMPLOYER.
   (B)  "EMPLOYER"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LABOR
 ORGANIZATION, UNINCORPORATED ASSOCIATION OR ANY  OTHER  LEGAL  BUSINESS,
 INCLUDING ANY GOVERNMENTAL ENTITY OR PUBLIC EMPLOYER AS DEFINED IN PARA-
 GRAPH  (A)  OF  SUBDIVISION  SIX OF SECTION TWO HUNDRED ONE OF THE CIVIL
 SERVICE LAW, AND ANY COMMERCIAL ENTITY, INCLUDING AGENTS OF SUCH EMPLOY-
 ER.
   (C) "PERSONNEL RECORD" MEANS A RECORD KEPT BY AN EMPLOYER THAT IDENTI-
 FIES AN EMPLOYEE, TO THE EXTENT THAT THE RECORD  IS  USED  OR  HAS  BEEN
 USED,  OR  MAY  AFFECT OR BE USED RELATIVE TO THAT EMPLOYEE'S QUALIFICA-
 TIONS FOR EMPLOYMENT, PROMOTION, TRANSFER,  ADDITIONAL  COMPENSATION  OR
 DISCIPLINARY  ACTION.  A  PERSONNEL RECORD SHALL INCLUDE A RECORD IN THE
 POSSESSION OF A PERSON, CORPORATION, PARTNERSHIP  OR  OTHER  ASSOCIATION
 THAT  HAS  A CONTRACTUAL AGREEMENT WITH THE EMPLOYER TO KEEP OR SUPPLY A
 PERSONNEL RECORD AS PROVIDED IN THIS SECTION. A PERSONNEL  RECORD  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10983-08-2