NY State Senate Bill 2021-S6502A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2022	print number 6502a
Apr 27, 2022	amend and recommit to labor
Jan 05, 2022	referred to labor
May 04, 2021	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

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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

                                
 
BILL NUMBER: S6502

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the labor law, in relation to employee access to person-
nel records

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure all laborers in the state have a fair opportunity to review
their personnel records and are notified when a negative report is filed
against them

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 210-b to the labor law to
provide employees with access to personnel records.

Section two of this bill sets the effective date.

 
JUSTIFICATION:

This bill, modeled after Massachusetts' Personnel Record Law, would
allow employees a fair opportunity to access their personnel records at
least twice per year at all worksites in New York State. Employers must
furnish records within five business days of receiving a written request
from an employee and must notify employees when negative information
affecting qualification for employment, promotion, transfer, additional
compensation, or the possibility that an employee will be subject to
disciplinary action is filed against them. Employees are also able to
submit a written statement into their personnel file if they disagree
with its content, and can pursue an action for injunctive relief to
remove false information.  The Attorney General may also bring an
action, at his or her discretion, against violators of the bill and
subject them to a fine between $500 and $2,500.

This bill seeks to emulate Massachusetts in recognizing the basic right
of employees to know what kind of reports are being officially filed
about them and how this will impact their future employment prospects.
It aims to inspire an open and transparent dialogue between employees
and their supervisors while providing some recourse for employees to
remove knowingly false or defamatory statements from their records. In
providing a state right of action, this bill will also deter retaliatory
use of personnel records to, for example, discredit or undermine employ-
ees who may later come into conflict with their employers. The legisla-
ture must work to safeguard basic labor rights while ensuring that
personnel records are utilized only for their original and intended
purpose: as a tool to track and improve employee performance and not a
weapon to discredit current or former employees in the court of public
opinion.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law

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.

                                                            LBD10983-02-1

 S. 6502                             2
 
 EMPLOYEE: THE NAME, ADDRESS, DATE OF BIRTH, JOB TITLE  AND  DESCRIPTION;
 RATE  OF  PAY  AND ANY OTHER COMPENSATION PAID TO THE EMPLOYEE; STARTING
 DATE OF EMPLOYMENT; THE JOB APPLICATION  OF  THE  EMPLOYEE;  RESUMES  OR
 OTHER  FORMS OF EMPLOYMENT INQUIRY SUBMITTED TO THE EMPLOYER IN RESPONSE
 TO HIS ADVERTISEMENT BY THE EMPLOYEE; ALL  EMPLOYEE  PERFORMANCE  EVALU-
 ATIONS,  INCLUDING  BUT  NOT  LIMITED TO, EMPLOYEE EVALUATION DOCUMENTS;
 WRITTEN WARNINGS OF SUBSTANDARD PERFORMANCE; LISTS OF PROBATIONARY PERI-
 ODS; WAIVERS  SIGNED  BY  THE  EMPLOYEE;  COPIES  OF  DATED  TERMINATION
 NOTICES;  ANY  OTHER DOCUMENTS RELATING TO DISCIPLINARY ACTION REGARDING
 THE EMPLOYEE. A PERSONNEL RECORD SHALL BE MAINTAINED IN  TYPEWRITTEN  OR
 PRINTED FORM OR MAY BE HANDWRITTEN IN INDELIBLE INK.
   2. AN EMPLOYER SHALL NOTIFY AN EMPLOYEE WITHIN TEN DAYS OF THE EMPLOY-
 ER  PLACING  IN  THE  EMPLOYEE'S PERSONNEL RECORD ANY INFORMATION TO THE
 EXTENT THAT THE INFORMATION IS, HAS BEEN USED OR MAY BE USED,  TO  NEGA-
 TIVELY  AFFECT  THE  EMPLOYEE'S QUALIFICATION FOR EMPLOYMENT, PROMOTION,
 TRANSFER, ADDITIONAL COMPENSATION OR THE POSSIBILITY THAT  THE  EMPLOYEE
 WILL  BE SUBJECT TO DISCIPLINARY ACTION. AN EMPLOYER RECEIVING A WRITTEN
 REQUEST FROM AN EMPLOYEE TO  ACCESS  SUCH  EMPLOYEE'S  PERSONNEL  RECORD
 SHALL  PROVIDE  THE EMPLOYEE WITH A COPY OF SUCH PERSONNEL RECORD WITHIN
 FIVE BUSINESS DAYS OF SUBMISSION OF A WRITTEN REQUEST FOR SUCH  COPY  TO
 THE  EMPLOYER. AN EMPLOYER SHALL NOT BE REQUIRED TO ALLOW AN EMPLOYEE TO
 REVIEW THE EMPLOYEE'S PERSONNEL RECORD ON MORE THAN TWO  SEPARATE  OCCA-
 SIONS  IN  A CALENDAR YEAR; PROVIDED, HOWEVER, THAT THE NOTIFICATION AND
 REVIEW CAUSED BY THE PLACING OF NEGATIVE INFORMATION  IN  THE  PERSONNEL
 RECORD  SHALL  NOT  BE  DEEMED  TO  BE ONE OF THE TWO ANNUALLY PERMITTED
 REVIEWS.
   3. IF THERE IS A DISAGREEMENT WITH  ANY  INFORMATION  CONTAINED  IN  A
 PERSONNEL RECORD, REMOVAL OR CORRECTION OF SUCH INFORMATION MAY BE MUTU-
 ALLY  AGREED  UPON  BY THE EMPLOYER AND THE EMPLOYEE. IF AN AGREEMENT IS
 NOT REACHED, THE EMPLOYEE MAY SUBMIT A WRITTEN STATEMENT EXPLAINING  THE
 EMPLOYEE'S  POSITION  WHICH SHALL BE CONTAINED AND BECOME A PART OF SUCH
 EMPLOYEE'S PERSONNEL RECORD. THE STATEMENT SHALL BE INCLUDED  WHEN  SAID
 INFORMATION  IS  TRANSMITTED  TO  A  THIRD PARTY AS LONG AS THE ORIGINAL
 INFORMATION IS RETAINED AS PART OF THE FILE. IF AN EMPLOYER  PLACES  ANY
 INFORMATION  IN  A  PERSONNEL  RECORD WHICH SUCH EMPLOYER KNEW OR SHOULD
 HAVE KNOWN TO BE FALSE, THE  EMPLOYEE  SHALL  HAVE  REMEDY  THROUGH  THE
 COLLECTIVE  BARGAINING AGREEMENT, OTHER PERSONNEL PROCEDURES OR JUDICIAL
 PROCESS TO HAVE SUCH INFORMATION EXPUNGED.  AN  EMPLOYEE  MAY  BRING  AN
 ACTION  IN  A  COURT OF COMPETENT JURISDICTION TO HAVE FALSE INFORMATION
 REMOVED FROM HIS OR HER PERSONNEL RECORD. THE PROVISIONS OF THIS SECTION
 SHALL NOT PROHIBIT THE REMOVAL OF INFORMATION CONTAINED IN  A  PERSONNEL
 RECORD  UPON  MUTUAL  AGREEMENT  OF  THE  EMPLOYER  AND EMPLOYEE FOR ANY
 REASON.
   4. AN EMPLOYER SHALL RETAIN  THE  COMPLETE  PERSONNEL  RECORD  OF  ANY
 EMPLOYEE  AS REQUIRED TO BE KEPT UNDER THIS SECTION WITHOUT DELETIONS OR
 EXPUNGEMENT OF INFORMATION FROM THE DATE OF EMPLOYMENT OF SUCH  EMPLOYEE
 TO A DATE THREE YEARS AFTER THE TERMINATION OF EMPLOYMENT OF THE EMPLOY-
 EE  WITH  SUCH  EMPLOYER.  IN ANY CAUSE OF ACTION BROUGHT BY AN EMPLOYEE
 AGAINST SUCH EMPLOYER IN ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING  SUCH
 EMPLOYER  SHALL  RETAIN  ANY  PERSONNEL RECORD REQUIRED TO BE KEPT UNDER
 THIS SECTION WHICH IS RELEVANT TO SUCH ACTION UNTIL THE  FINAL  DISPOSI-
 TION THEREOF.
   5.  IF AN EMPLOYER ELECTS TO HAVE A WRITTEN PERSONNEL POLICY REGARDING
 THE TERMS AND CONDITIONS OF EMPLOYMENT, SUCH PERSONNEL  POLICY,  AS  THE
 SAME  MAY BE AMENDED FROM TIME TO TIME, SHALL BE CONTINUOUSLY MAINTAINED
 AT THE OFFICE OF SUCH EMPLOYER WHERE PERSONNEL MATTERS ARE ADMINISTERED.

 S. 6502                             3
 
   6. NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  ABROGATE  ANY
 CONFLICTING PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT.
   7.  ANY  VIOLATION  OF THIS SECTION SHALL BE PUNISHED BY A FINE OF NOT
 LESS THAN FIVE HUNDRED NOR MORE THAN TWENTY-FIVE HUNDRED  DOLLARS.  THIS
 SECTION SHALL BE ENFORCED BY THE ATTORNEY GENERAL.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a  law.  Effective  immediately,  the  addition,  amendment,
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

co-Sponsors

View additional 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

2021-S6502A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6502A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the labor law, in relation to employee access to person-
nel records

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure all laborers in the state have a fair opportunity to review
their personnel records and are notified when a negative report is filed
against them

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 210-b to the labor law to
provide employees with access to personnel records.

Section two of this bill sets the effective date.

JUSTIFICATION:

This bill, modeled after Massachusetts' Personnel Record Law, would
allow employees a fair opportunity to access their personnel records at
least twice per year at all worksites in New York State. Employers must
furnish records within five business days of receiving a written request
from an employee and must notify employees when negative information
affecting qualification for employment, promotion, transfer, additional
compensation, or the possibility that an employee will be subject to
disciplinary action is filed against them. Employees are also able to
submit a written statement into their personnel file if they disagree
with its content, and can pursue an action for injunctive relief to
remove false information.  The Attorney General may bring an action, at
his or her discretion, against violators of the bill and subject them to
a fine between $500 and $2,500. Individual employees who face illegal
discrimination or retaliation for exercising their rights under the
statute may also bring a claim in civil court.

This bill seeks to emulate Massachusetts in recognizing the basic right
of employees to know what kind of reports are being officially filed
about them and how this will impact their future employment prospects.
It aims to inspire an open and transparent dialogue between employees
and their supervisors while providing some recourse for employees to
remove knowingly false or defamatory statements from their records. In
providing a state right of action, this bill will also deter retaliatory
use of personnel records to, for example, discredit or undermine employ-
ees who may later come into conflict with their employers. The legisla-
ture must work to safeguard basic labor rights while ensuring that
personnel records are utilized only for their original and intended
purpose: as a tool to track and improve employee performance and not a
weapon to discredit current or former employees in the court of public
opinion.

 
PRIOR LEGISLATIVE HISTORY:

2021: Referred to Labor

 
FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law

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

 S. 6502--A                          2
 
 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
 EMPLOYEE:  THE  NAME, ADDRESS, DATE OF BIRTH, JOB TITLE AND DESCRIPTION;
 RATE OF PAY AND ANY OTHER COMPENSATION PAID TO  THE  EMPLOYEE;  STARTING
 DATE  OF  EMPLOYMENT;  THE  JOB  APPLICATION OF THE EMPLOYEE; RESUMES OR
 OTHER FORMS OF EMPLOYMENT INQUIRY SUBMITTED TO THE EMPLOYER IN  RESPONSE
 TO  HIS  ADVERTISEMENT  BY THE EMPLOYEE; ALL EMPLOYEE PERFORMANCE EVALU-
 ATIONS, INCLUDING BUT NOT LIMITED  TO,  EMPLOYEE  EVALUATION  DOCUMENTS;
 WRITTEN WARNINGS OF SUBSTANDARD PERFORMANCE; LISTS OF PROBATIONARY PERI-
 ODS;  WAIVERS  SIGNED  BY  THE  EMPLOYEE;  COPIES  OF  DATED TERMINATION
 NOTICES; ANY OTHER DOCUMENTS RELATING TO DISCIPLINARY  ACTION  REGARDING
 THE  EMPLOYEE.  A PERSONNEL RECORD SHALL BE MAINTAINED IN TYPEWRITTEN OR
 PRINTED FORM OR MAY BE HANDWRITTEN IN INDELIBLE INK.
   2. AN EMPLOYER SHALL NOTIFY AN EMPLOYEE WITHIN TEN DAYS OF THE EMPLOY-
 ER PLACING IN THE EMPLOYEE'S PERSONNEL RECORD  ANY  INFORMATION  TO  THE
 EXTENT  THAT  THE INFORMATION IS, HAS BEEN USED OR MAY BE USED, TO NEGA-
 TIVELY AFFECT THE EMPLOYEE'S QUALIFICATION  FOR  EMPLOYMENT,  PROMOTION,
 TRANSFER,  ADDITIONAL  COMPENSATION OR THE POSSIBILITY THAT THE EMPLOYEE
 WILL BE SUBJECT TO DISCIPLINARY ACTION. AN EMPLOYER RECEIVING A  WRITTEN
 REQUEST  FROM  AN  EMPLOYEE  TO  ACCESS SUCH EMPLOYEE'S PERSONNEL RECORD
 SHALL PROVIDE THE EMPLOYEE WITH A COPY OF SUCH PERSONNEL  RECORD  WITHIN
 FIVE  BUSINESS  DAYS OF SUBMISSION OF A WRITTEN REQUEST FOR SUCH COPY TO
 THE EMPLOYER. AN EMPLOYER SHALL NOT BE REQUIRED TO ALLOW AN EMPLOYEE  TO
 REVIEW  THE  EMPLOYEE'S PERSONNEL RECORD ON MORE THAN TWO SEPARATE OCCA-
 SIONS IN A CALENDAR YEAR; PROVIDED, HOWEVER, THAT THE  NOTIFICATION  AND
 REVIEW  CAUSED  BY  THE PLACING OF NEGATIVE INFORMATION IN THE PERSONNEL
 RECORD SHALL NOT BE DEEMED TO BE  ONE  OF  THE  TWO  ANNUALLY  PERMITTED
 REVIEWS.
   3.  IF  THERE  IS  A  DISAGREEMENT WITH ANY INFORMATION CONTAINED IN A
 PERSONNEL RECORD, REMOVAL OR CORRECTION OF SUCH INFORMATION MAY BE MUTU-
 ALLY AGREED UPON BY THE EMPLOYER AND THE EMPLOYEE. IF  AN  AGREEMENT  IS
 NOT  REACHED, THE EMPLOYEE MAY SUBMIT A WRITTEN STATEMENT EXPLAINING THE
 EMPLOYEE'S POSITION WHICH SHALL BE CONTAINED AND BECOME A PART  OF  SUCH
 EMPLOYEE'S  PERSONNEL  RECORD. THE STATEMENT SHALL BE INCLUDED WHEN SAID
 INFORMATION IS TRANSMITTED TO A THIRD PARTY  AS  LONG  AS  THE  ORIGINAL
 INFORMATION  IS  RETAINED AS PART OF THE FILE. IF AN EMPLOYER PLACES ANY
 INFORMATION IN A PERSONNEL RECORD WHICH SUCH  EMPLOYER  KNEW  OR  SHOULD
 HAVE  KNOWN  TO  BE  FALSE,  THE  EMPLOYEE SHALL HAVE REMEDY THROUGH THE
 COLLECTIVE BARGAINING AGREEMENT, OTHER PERSONNEL PROCEDURES OR  JUDICIAL
 PROCESS  TO  HAVE  SUCH  INFORMATION  EXPUNGED. AN EMPLOYEE MAY BRING AN
 ACTION IN A COURT OF COMPETENT JURISDICTION TO  HAVE  FALSE  INFORMATION
 REMOVED FROM HIS OR HER PERSONNEL RECORD. THE PROVISIONS OF THIS SECTION
 SHALL  NOT  PROHIBIT THE REMOVAL OF INFORMATION CONTAINED IN A PERSONNEL
 RECORD UPON MUTUAL AGREEMENT  OF  THE  EMPLOYER  AND  EMPLOYEE  FOR  ANY
 REASON.
   4.  AN  EMPLOYER  SHALL  RETAIN  THE  COMPLETE PERSONNEL RECORD OF ANY
 EMPLOYEE AS REQUIRED TO BE KEPT UNDER THIS SECTION WITHOUT DELETIONS  OR
 EXPUNGEMENT  OF INFORMATION FROM THE DATE OF EMPLOYMENT OF SUCH EMPLOYEE
 TO A DATE THREE YEARS AFTER THE TERMINATION OF EMPLOYMENT OF THE EMPLOY-
 EE WITH SUCH EMPLOYER. IN ANY CAUSE OF ACTION  BROUGHT  BY  AN  EMPLOYEE
 AGAINST  SUCH EMPLOYER IN ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING SUCH
 EMPLOYER SHALL RETAIN ANY PERSONNEL RECORD REQUIRED  TO  BE  KEPT  UNDER
 S. 6502--A                          3

 THIS  SECTION  WHICH IS RELEVANT TO SUCH ACTION UNTIL THE FINAL DISPOSI-
 TION THEREOF.
   5.  IF AN EMPLOYER ELECTS TO HAVE A WRITTEN PERSONNEL POLICY REGARDING
 THE TERMS AND CONDITIONS OF EMPLOYMENT, SUCH PERSONNEL  POLICY,  AS  THE
 SAME  MAY BE AMENDED FROM TIME TO TIME, SHALL BE CONTINUOUSLY MAINTAINED
 AT THE OFFICE OF SUCH EMPLOYER WHERE PERSONNEL MATTERS ARE ADMINISTERED.
   6. NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  ABROGATE  ANY
 CONFLICTING PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT.
   7.  ANY  VIOLATION  OF THIS SECTION BY AN EMPLOYER OR ANY OTHER PERSON
 SHALL BE PUNISHED BY A FINE OF NOT LESS THAN FIVE HUNDRED NOR MORE  THAN
 TWENTY-FIVE  HUNDRED  DOLLARS.  THIS  SECTION  SHALL  BE ENFORCED BY THE
 ATTORNEY GENERAL.
   8. NO EMPLOYER OR ANY OTHER PERSON SHALL DISCHARGE,  THREATEN,  PENAL-
 IZE,  OR  IN  ANY  OTHER  MANNER  DISCRIMINATE  OR RETALIATE AGAINST ANY
 EMPLOYEE WHO EXERCISES HIS OR HER RIGHTS UNDER THIS SECTION. AS USED  IN
 THIS SECTION, TO THREATEN, PENALIZE, OR IN ANY OTHER MANNER DISCRIMINATE
 OR  RETALIATE  AGAINST  AN  EMPLOYEE  INCLUDES,  BUT  IS NOT LIMITED TO,
 THREATENING TO CONTACT OR CONTACTING UNITED STATES IMMIGRATION  AUTHORI-
 TIES  OR  OTHERWISE  REPORTING  OR  THREATENING  TO REPORT AN EMPLOYEE'S
 SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OR THE SUSPECTED CITIZENSHIP
 OR IMMIGRATION STATUS OF AN EMPLOYEE'S FAMILY OR  HOUSEHOLD  MEMBER,  AS
 DEFINED  IN  SUBDIVISION TWO OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE
 SOCIAL SERVICES LAW, TO A FEDERAL, STATE OR LOCAL AGENCY.
   9. AN EMPLOYEE MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURIS-
 DICTION AGAINST ANY EMPLOYER OR PERSONS ALLEGED TO HAVE DISCRIMINATED OR
 RETALIATED AGAINST HIM OR HER FOR THE EXERCISE  OF  HIS  OR  HER  RIGHTS
 UNDER  THIS  SECTION.  THE  COURT  SHALL  HAVE  JURISDICTION TO RESTRAIN
 VIOLATIONS OF THIS SECTION, WITHIN TWO YEARS OF SUCH VIOLATION,  REGARD-
 LESS OF THE DATES OF EMPLOYMENT OF THE EMPLOYEE, AND TO ORDER ALL APPRO-
 PRIATE RELIEF, INCLUDING: ENJOINING THE CONDUCT OF ANY PERSON OR EMPLOY-
 ER;  ORDERING  PAYMENT  OF  LIQUIDATED  DAMAGES,  COSTS,  AND REASONABLE
 ATTORNEYS' FEES TO THE EMPLOYEE BY THE PERSON OR  ENTITY  IN  VIOLATION;
 AND,  WHERE  THE  PERSON OR ENTITY IN VIOLATION IS AN EMPLOYER, ORDERING
 REHIRING OR REINSTATEMENT OF THE EMPLOYEE TO HIS OR HER FORMER  POSITION
 WITH  RESTORATION OF SENIORITY OR AN AWARD OF FRONT PAY IN LIEU OF REIN-
 STATEMENT, AND AN AWARD OF LOST COMPENSATION AND DAMAGES (INCLUDING, BUT
 NOT LIMITED TO, COMPENSATORY AND PUNITIVE DAMAGES), COSTS AND REASONABLE
 ATTORNEYS' FEES. LIQUIDATED DAMAGES SHALL BE CALCULATED AS AN AMOUNT NOT
 MORE THAN TWENTY THOUSAND DOLLARS.  THE  COURT  SHALL  AWARD  LIQUIDATED
 DAMAGES  TO  EVERY EMPLOYEE AGGRIEVED UNDER THIS SECTION, IN ADDITION TO
 ANY OTHER REMEDIES PERMITTED BY THIS SECTION.
   10. AT OR BEFORE THE COMMENCEMENT OF ANY ACTION  UNDER  THIS  SECTION,
 NOTICE  THEREOF SHALL BE SERVED UPON THE ATTORNEY GENERAL BY THE EMPLOY-
 EE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law.  Effective  immediately,  the addition, amendment,
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.

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Senate Bill S6502A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2021-S6502 - Details

2021-S6502 - Summary

2021-S6502 - Sponsor Memo

2021-S6502 - Bill Text download pdf

co-Sponsors

2021-S6502A (ACTIVE) - Details

2021-S6502A (ACTIVE) - Summary

2021-S6502A (ACTIVE) - Sponsor Memo

2021-S6502A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6502A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2021-S6502 - Details

2021-S6502 - Summary

2021-S6502 - Sponsor Memo

2021-S6502 - Bill Text download pdf

co-Sponsors

2021-S6502A (ACTIVE) - Details

2021-S6502A (ACTIVE) - Summary

2021-S6502A (ACTIVE) - Sponsor Memo

2021-S6502A (ACTIVE) - Bill Text download pdf

Comments