Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2024 |
referred to rules |
Senate Bill S9834
2023-2024 Legislative Session
Sponsored By
(D) 26th Senate District
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
Actions
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) - Sponsor Memo
BILL NUMBER: S9834 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 all private and public sector employees with access to their personnel records. Section two of this bill sets the effective date.
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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