Senate Bill S6502A

2021-2022 Legislative Session

Relates to granting employees access to personnel records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-S6502 - Details

See Assembly Version of this Bill:
A8008
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §210-b, Lab L
Versions Introduced in 2023-2024 Legislative Session:
S99, A1959

2021-S6502 - Summary

Grants employees access to personnel records; requires notice of negative information in such records and an opportunity for a review; permits employee to include certain information in personnel records.

2021-S6502 - Sponsor Memo

2021-S6502 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6502
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to employee access to person-
   nel records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The labor law is amended by adding a new section  210-b  to
 read as follows:
   §  210-B. ACCESS TO PERSONNEL RECORDS. 1. AS USED IN THIS SECTION, THE
 FOLLOWING TERMS SHALL, UNLESS THE CONTEXT  CLEARLY  REQUIRES  OTHERWISE,
 HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPLOYEE" MEANS A PERSON CURRENTLY EMPLOYED OR FORMERLY EMPLOYED
 BY AN EMPLOYER.
   (B) "EMPLOYER" MEANS ANY INDIVIDUAL, CORPORATION,  PARTNERSHIP,  LABOR
 ORGANIZATION,  UNINCORPORATED  ASSOCIATION  OR ANY OTHER LEGAL BUSINESS,
 INCLUDING ANY PUBLIC OR QUASI-PUBLIC ENTITY, AND ANY COMMERCIAL  ENTITY,
 AND INCLUDING AGENTS OF SUCH EMPLOYER.
   (C) "PERSONNEL RECORD" MEANS A RECORD KEPT BY AN EMPLOYER THAT IDENTI-
 FIES  AN  EMPLOYEE,  TO  THE  EXTENT THAT THE RECORD IS USED OR HAS BEEN
 USED, OR MAY AFFECT OR BE USED RELATIVE TO  THAT  EMPLOYEE'S  QUALIFICA-
 TIONS  FOR  EMPLOYMENT,  PROMOTION, TRANSFER, ADDITIONAL COMPENSATION OR
 DISCIPLINARY ACTION. A PERSONNEL RECORD SHALL INCLUDE A  RECORD  IN  THE
 POSSESSION  OF  A  PERSON, CORPORATION, PARTNERSHIP OR OTHER ASSOCIATION
 THAT HAS A CONTRACTUAL AGREEMENT WITH THE EMPLOYER TO KEEP OR  SUPPLY  A
 PERSONNEL  RECORD  AS PROVIDED IN THIS SECTION. A PERSONNEL RECORD SHALL
 NOT INCLUDE INFORMATION OF A PERSONAL NATURE ABOUT A PERSON  OTHER  THAN
 THE EMPLOYEE IF DISCLOSURE OF THE INFORMATION WOULD CONSTITUTE A CLEARLY
 UNWARRANTED  INVASION  OF  SUCH OTHER PERSON'S PRIVACY. WITHOUT LIMITING
 THE APPLICABILITY OR GENERALITY OF THE FOREGOING, ALL OF  THE  FOLLOWING
 WRITTEN  INFORMATION  OR DOCUMENTS TO THE EXTENT PREPARED BY AN EMPLOYER
 REGARDING AN EMPLOYEE SHALL BE INCLUDED IN THE PERSONNEL RECORD FOR THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S6502A (ACTIVE) - Details

See Assembly Version of this Bill:
A8008
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §210-b, Lab L
Versions Introduced in 2023-2024 Legislative Session:
S99, A1959

2021-S6502A (ACTIVE) - Summary

Grants employees access to personnel records; requires notice of negative information in such records and an opportunity for a review; permits employee to include certain information in personnel records.

2021-S6502A (ACTIVE) - Sponsor Memo

2021-S6502A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6502--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2021
                                ___________
 
 Introduced  by  Sens. GOUNARDES, ADDABBO, JACKSON, KAPLAN, MYRIE, RAMOS,
   RIVERA, SALAZAR, THOMAS -- read twice and ordered  printed,  and  when
   printed  to  be  committed to the Committee on Labor -- recommitted to
   the Committee on Labor in accordance with Senate Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the labor law, in relation to employee access to person-
   nel records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 210-b to
 read as follows:
   § 210-B. ACCESS TO PERSONNEL RECORDS. 1. AS USED IN THIS SECTION,  THE
 FOLLOWING  TERMS  SHALL,  UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE,
 HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYEE" MEANS A PERSON CURRENTLY EMPLOYED OR FORMERLY  EMPLOYED
 BY AN EMPLOYER.
   (B)  "EMPLOYER"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LABOR
 ORGANIZATION, UNINCORPORATED ASSOCIATION OR ANY  OTHER  LEGAL  BUSINESS,
 INCLUDING ANY GOVERNMENTAL ENTITY OR PUBLIC EMPLOYER AS DEFINED IN PARA-
 GRAPH  (A)  OF  SUBDIVISION  SIX OF SECTION TWO HUNDRED ONE OF THE CIVIL
 SERVICE LAW, AND ANY COMMERCIAL ENTITY, INCLUDING AGENTS OF SUCH EMPLOY-
 ER.
   (C) "PERSONNEL RECORD" MEANS A RECORD KEPT BY AN EMPLOYER THAT IDENTI-
 FIES AN EMPLOYEE, TO THE EXTENT THAT THE RECORD  IS  USED  OR  HAS  BEEN
 USED,  OR  MAY  AFFECT OR BE USED RELATIVE TO THAT EMPLOYEE'S QUALIFICA-
 TIONS FOR EMPLOYMENT, PROMOTION, TRANSFER,  ADDITIONAL  COMPENSATION  OR
 DISCIPLINARY  ACTION.  A  PERSONNEL RECORD SHALL INCLUDE A RECORD IN THE
 POSSESSION OF A PERSON, CORPORATION, PARTNERSHIP  OR  OTHER  ASSOCIATION
 THAT  HAS  A CONTRACTUAL AGREEMENT WITH THE EMPLOYER TO KEEP OR SUPPLY A
 PERSONNEL RECORD AS PROVIDED IN THIS SECTION. A PERSONNEL  RECORD  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10983-07-2
              

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