What's happening
This bill grants employees and recent former employees the right to review and obtain copies of their personnel records.
Why it matters
Empowers employees to monitor and correct their records. By granting current and recent former employees access to their personnel files, the bill strengthens workers’ ability to identify inaccuracies or unfair evaluations that could affect promotions, job prospects, or legal claims.
Establishes clear employer obligations and penalties. The legislation imposes specific requirements on how and when employers must provide access, and introduces financial penalties and possible reimbursement of legal costs if employers fail to comply—creating a concrete incentive for organizations to follow the law.
Standardizes what is included in a personnel file. By defining personnel files to include evaluations, compensation info, and certain nonprivileged medical records, the bill reduces ambiguity and ensures employees can see a broad picture of the information used in employment decisions.
Ensures access regardless of record format. Mandating that employers provide necessary equipment to access electronic or microfiche files ensures that technological barriers cannot be used to deny or delay an employee’s right to review their records.
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Who cares
Public- and private-sector employees
The bill would let them request access to existing personnel files and receive one free complete copy each calendar year, plus a free copy of materials subsequently added.
Workers who left employment within the previous three years
The bill would extend personnel-file review and copying rights to them after separation.
Public and private employers
They would have to provide access within ten days of a request or, absent good cause, face fines of $25 per day up to $500 per request.
Recognized or certified employee organizations
Their representatives could review and copy employees’ personnel files upon an employee’s request, while existing collective bargaining rights would be preserved.
Headline styles
Let Workers See Personnel Files
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
1 Multi-sponsor
History
- Ordered to third reading cal.342
- Advanced to third reading cal.418
- Reported
- Reported referred to codes
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Workers See Personnel Files
In Senate Committee · Labor · Sponsor Kevin S. Parker
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4836
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
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 Assembly, 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.
LBD03013-01-7
A. 4836 2
relating to the employee. For the purposes of this section, the term "nonprivileged medical records or nurses' station notes" means all those materials that have not been found to be protected from discovery or disclosure in the course of civil litigation or subject to the Health Insurance Portability and Accountability Act (HIPAA).
4. Records in a personnel file may be maintained in any form including paper, microfiche or electronic form. An employer maintaining records in a form other than paper shall have available to the 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 the equipment necessary to review and copy the personnel file. The employer shall take adequate steps to ensure the integrity and confidentiality of such employee records.
5. Any employer who, following a request pursuant to this section, fails without good cause to provide an opportunity for review and copying of a personnel file, within ten days of receipt of such request, is subject to a civil fine of twenty-five dollars for each day such failure continues, except that such fine shall not exceed five hundred dollars per request. An employee, former employee or the department 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 required to reimburse the employee, former employee separated from employment with such employer within the previous three years or the department for costs reasonably related to the litigation including reasonable attorney's fees, if the employee or the department receives a judgment in the employee's or department's favor, respectively.
6. This section shall not be deemed to diminish the rights of any employee pursuant to a collective bargaining agreement.
§ 2. The civil service law is amended by adding a new section 153 to read as follows:
§ 153. Employee right to review personnel records. 1. The employer shall, upon written request from an employee or former employee separated from employment with such employer within the previous three years, 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 previous three years and, when requested by the employee or former employee separated from employment with such employer within the previous three years, 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
A. 4836 3
and benefits, and nonprivileged medical records or nurses' station notes relating to the employee. For the purposes of this section, the term "nonprivileged medical records or nurses' station notes" means all those materials that have not been found to be protected from discovery or disclosure in the course of civil litigation or subject to the Health Insurance Portability and Accountability Act (HIPAA).
4. Records in a personnel file may be maintained in any form including, paper, microfiche or electronic form. An employer maintaining records in a form other than paper shall have available to the employee, former employee or duly authorized representative the equipment necessary to review and copy the personnel file. The employer shall take adequate steps to ensure the integrity and confidentiality of such employee records.
5. Any employer who, following a request pursuant to this section, fails without good cause to provide an opportunity for review and copying of a personnel file, within ten days of receipt of such request, is subject to a civil fine of twenty-five dollars for each day such failure continues, except that such fine 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 each such equitable relief, including an injunction, as the court may consider necessary and proper. The employer may also be required to reimburse the employee, former employee separated from employment with such employer within the previous three years or the department of labor for costs reasonably related to the litigation including reasonable attorney's fees, if the employee or the department of labor receives a judgement in the employee's or such department's favor, respectively.
6. This section shall not be deemed to diminish the rights of any employee pursuant to a collective bargaining agreement.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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