Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Personnel Records topic
No spam. Unsubscribe anytime.
N.Y. Assembly passes bill requiring notice when negative personnel records are filed
Summary
The New York State Assembly passed legislation requiring employers to notify employees within 10 days when a negative entry that could affect hiring, promotion, pay, discipline or termination is placed in their personnel file and to provide access for review at least twice per year; vote 95-46.
The New York State Assembly passed a bill that requires employers to notify workers when negative information is placed in their personnel records and grants employees the right to review their files at least twice a year.
Supporters say the measure ensures fairness and transparency. "I'm proud to sponsor this legislation because everyone, every worker deserves a basic right. The right to know what is being written about them in their personnel file and how it may impact their livelihood, their future opportunities and their reputation," sponsor Miss Gonzales Rojas said during floor debate.
Under the bill, an employee may make a written request to review personnel records at least twice a year; employers must provide access within five days. Employers must notify an employee within 10 days when an employer places information in the record that could affect hiring, promotion, transfer, compensation, discipline or termination. The sponsor said workers may add a written rebuttal that will remain part of the official file, and that collective-bargaining remedies remain available where applicable.
The bill also creates a state enforcement pathway: the sponsor said the Attorney General may pursue penalties ranging from $500 to $2,500 for violations if it elects to do so.
Opponents warned the measure’s language leaves room for subjective interpretation and could expose some employers — including small businesses and municipalities — to litigation and fines. "I do understand the intention... I just don't think the language in the bill is there yet to protect those employees and the employers," one opponent said on the floor and later announced a no vote.
The sponsor said the measure follows a model established in Massachusetts and emphasized the statute is designed to encourage dialogue between employees and supervisors rather than to punish employers. The clerk recorded the final roll call: Ayes 95, Nays 46; the bill was passed and, the clerk read, "This act shall take effect immediately."
