What's happening
This bill gives New York employees and recent former employees the right to review and copy their personnel files.
Why it matters
Empowers employees to monitor their employment records. By granting access to personnel files, workers can check for errors, outdated information, or negative evaluations that could impact promotions, future job prospects, or disputes.
Supports transparency and accountability. Employers are required to provide access within 10 days and can face fines for non-compliance, encouraging better record-keeping practices and deterring the retention of inaccurate or prejudicial information.
Facilitates legal and union support. Employees, their union representatives, or attorneys can access these files, making it easier to investigate wrongful discipline, discrimination, or other workplace disputes, and to fairly negotiate grievances or legal claims.
Protects against retaliation and ensures fairness. The law applies to both current and recent former employees (within 3 years), helping to address post-employment disputes or references, and ensures employees are not at a disadvantage due to inaccessible or hidden records.
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Who cares
Headline styles
Let Employees See Personnel Files
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to labor
- Referred to labor
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5044
2019-2020 Regular Sessions
IN SENATE
April 4, 2019
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 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.
LBD07708-01-9
S. 5044 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. 5044 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 person- nel file. The employee must submit a written request for this right to be exercised.
Read the full memo (755 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 refer- ences those medical records not subject to HIPAA 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
2017-18: S2191- REFERRED TO LABOR 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.
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