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NY A04350

Bill

Status

Introduced

2/3/2009

Primary Sponsor

Greg Ball

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Requires employers to provide employees and former employees (separated within 3 years) with written access to review and copy their personnel files at the location where files are maintained during normal business hours.

  • Mandates employers provide one free copy of the entire personnel file per calendar year to requesting employees, plus one free copy of all new materials added since the previous copy was provided.

  • Defines personnel files to include formal and informal evaluations, reports on character, work habits, compensation, benefits, and nonprivileged medical records or nurses' station notes.

  • Establishes civil penalties of $25 per day (capped at $500 per request) for employers who fail without good cause to provide access within 10 days of a written request, with allowance for injunctive relief and reimbursement of litigation costs including attorney's fees.

  • Applies identical requirements to both private sector employees under Labor Law and public sector civil service employees, while preserving any greater rights granted under collective bargaining agreements.

Legislative Description

Provides public and private employees right to review personnel file.

Last Action

ordered to third reading rules cal.323

6/24/2010

Committee Referrals

Rules6/21/2010
Codes2/9/2010
Labor1/6/2010
Codes3/3/2009
Labor2/3/2009

Full Bill Text

No bill text available