What's happening
This bill gives employees and former employees the right to review and copy their personnel files from employers in New York.
Why it matters
Empowers employees and ex-employees. The bill gives current and former employees (separated within the last three years) a legal right to see and copy their personnel files—including performance evaluations, compensation records, and certain medical information—which can be important for understanding employment decisions, disputing disciplinary actions, or supporting legal claims.
Limits employer discretion and increases accountability. By mandating a response within ten days and imposing daily fines (up to $500 per request) for non-compliance, the law creates a real incentive for employers to comply, reducing the risk of records being withheld or delayed.
Protects privacy and ensures accessibility. The bill requires employers to maintain the confidentiality and integrity of personnel files, regardless of whether they're in paper or electronic form, and to provide the necessary equipment for employees to review and copy electronic or microfiche records.
Reduces cost barriers for employees. Employees are entitled to one free copy of their entire personnel file per year, plus free copies of any new documents added after that, making it easier for workers to access information without incurring prohibitive costs.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Workers See Personnel Files
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to labor
- 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
Assembly Floor Calendar · Sponsor Michele Titus
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2191
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sens. PARKER, AVELLA -- 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 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
S. 2191 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
S. 2191 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.
Sponsor's memo
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 personnel file. The employee must submit a written request for this right to be exercised.
Read the full memo (753 words)
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
2015-2016: S.2578 - Referred to Labor 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.