senate Bill S5647

2021-2022 Legislative Session

Relates to employees' right to review personnel records

download bill text pdf

Sponsored By

Current 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 05, 2022 referred to labor
Mar 15, 2021 referred to labor

Co-Sponsors

S5647 (ACTIVE) - Details

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
2011-2012: S3730
2013-2014: S4134
2015-2016: S2578
2017-2018: S2191
2019-2020: S5044

S5647 (ACTIVE) - Summary

Requires employers to provide an employee, attorney for the employee or a representative of a recognized or certified employee organization, the opportunity to review and copy the employee's personnel file; the employee must submit a written request for this right to be exercised and former employees have to make the request within three years of leaving employment.

S5647 (ACTIVE) - Sponsor Memo

S5647 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5647
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2021
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- 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:
   § 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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