Provides public and private employees right to review 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 personnel 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 references 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 can 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

2013-2014: S.4134 - Referred to Labor 2011-2012: S.3730/A.2314 - Referred to Codes/ referred to Labor

Fiscal implications

Minimal

Effective date

This act shall take effect immediately.