NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7876
SPONSOR: Titus TITLE OF BILL:
An act to amend the labor law and the civil service law, in relation to
employees' right to review personnel records
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the labor and civil service laws to provide a
means by which public and private employees are granted access to their
personnel file.
SUMMARY OF SPECIFIC PROVISIONS:
§ 1 of this bill amends the labor law by adding section 211-b. This
section goes on to require employers to provide an employee, Attorney of
the employee or a representative of a recognized or certified employee
organization, the opportunity to review and copy the employee's person-
nel file. The employee must submit a written request for this right to
be exercised.
This same requirement applies for ex employees and is only applicable if
a personnel file exists. Former employee's access to personnel records
is limited to those who have left the employment within the last three
years. The review and copying must take place at the location were 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.
The records in the personnel file may be maintained in any form as long
as they allow for their review and copying. If the employer maintains
these records on material other than paper they should maintain the
equipment necessary to review and copy these files. The employer should
take adequate steps to ensure integrity and confidentiality of such
employee records.
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. Additionally, the employer shall provide
one copy of all 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.
If an employer fails to honor a request to review or copy personnel
files within ten days of receiving that request they will be subject to
a civil fine of twenty-five dollars for each day such failure continues.
Fines shall not exceed five hundred dollars per request. An employee,
former employee, or the department of labor may bring an action in a
court of competent jurisdiction for such equitable relief, including an
injunction, as the court may consider necessary and proper. The employer
may also be forced to pay the legal fees for the requesting employee if
the employee or department receives a judgement in their favor.
In section 211-b(e) the reference to medical records specifically refer-
ences those medical records not subject to HIPPA unless appropriate
release form has been presented with request for personnel records.
§ 2 of this bill amends the civil service law by adding a new section
153. This section goes on to require public employers to provide the
same personnel file access as private employers, as detailed above.
This section has the same penalties and procedural recourses as section
211-b of the labor law, as detailed above.
JUSTIFICATION:
Employees should have access to their personnel for numerous reasons. In
a professional atmosphere, full disclosure of grievances are the only
ways by which they may be fully understood and remedied if possible.
This open process helps to make the workforce more efficient by breaking
down barriers to communication.
In the event of an unscrupulous employer or supervisor taking advantage
of their position of power this legislation is very useful in giving the
employee the opportunity to defend their name and their work ethic if
need be.
If an employee has a problematic relationship with a supervisor, that
employee is entitled to know what is being reported about them in an
official capacity. An employee may not ever be made aware of pending
problems if they are not permitted this right to review their personnel
file. If the employee has issues related to productivity or discipline
this is a manner by which these concerns 4:an be addressed. In the event
of an employee's dismissal access to their personnel files may help them
find the reasoning behind their dismissal and perhaps may lead to
addressing a misunderstanding.
PRIOR LEGISLATIVE HISTORY:
2013-14: A.1174 (Heastie) Referred to Codes
2011-12: A.2314 (Heastie) Referred to Codes
2009-10: A.4350-A (Heastie) Ordered to 3rd Reading
2007-08: A.6668-A (Heastie) Referred to Codes
2005-06: A.4411 (Heastie) Referred to Codes
2004: A.11555 (Heastie) Referred to Codes
FISCAL IMPLICATIONS:
Minimal
EFFECTIVE DATE:
This act shall take effect immediately.
