Senate Bill S9834

2023-2024 Legislative Session

Relates to granting employees access to personnel records

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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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2023-S9834 (ACTIVE) - Details

See Assembly Version of this Bill:
A1959
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §210-b, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A8008

2023-S9834 (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-S9834 (ACTIVE) - Sponsor Memo

2023-S9834 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9834
 
                             I N  S E N A T E
 
                               June 3, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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