Assembly Bill A1959B

2023-2024 Legislative Session

Relates to granting employees access to personnel records

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

2023-A1959 - Details

See Senate Version of this Bill:
S9834
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §210-b, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A8008

2023-A1959 - 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.

2023-A1959 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1959
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GONZALEZ-ROJAS,  JACKSON, DINOWITZ, EPSTEIN,
   MAMDANI, GOODELL, SILLITTI, GLICK -- read once  and  referred  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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01556-01-3
              

co-Sponsors

2023-A1959A - Details

See Senate Version of this Bill:
S9834
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §210-b, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A8008

2023-A1959A - 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.

2023-A1959A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1959--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GONZALEZ-ROJAS,  JACKSON, DINOWITZ, EPSTEIN,
   MAMDANI, GOODELL, SILLITTI, GLICK -- read once  and  referred  to  the
   Committee on Labor -- recommitted to the Committee on Labor in accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
                                                            LBD01556-07-4
              

co-Sponsors

2023-A1959B (ACTIVE) - Details

See Senate Version of this Bill:
S9834
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §210-b, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A8008

2023-A1959B (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.

2023-A1959B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1959--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GONZALEZ-ROJAS,  JACKSON, DINOWITZ, EPSTEIN,
   MAMDANI,  GOODELL,  SILLITTI,   GLICK,   COLTON,   ALVAREZ,   McMAHON,
   BICHOTTE HERMELYN, LEVENBERG, REYES, ZINERMAN, BURGOS -- read once and
   referred  to the Committee on Labor -- recommitted to the Committee on
   Labor in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01556-10-4
              

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