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Bill > A02107


NY A02107

NY A02107
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.


summary

Introduced
01/15/2025
In Committee
01/15/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the labor law, in relation to employee access to personnel records

AI Summary

This bill introduces comprehensive requirements for employee access to personnel records in New York, establishing clear guidelines for employers regarding record-keeping and employee rights. The bill defines key terms like "employee," "employer," and "personnel record," and mandates that employers provide employees with access to their complete personnel files, including job applications, performance evaluations, disciplinary documents, and compensation information. Employers must notify employees within ten days when negative information is added to their records and must provide a copy of the personnel record within five business days of a written request, with employees allowed two reviews per calendar year. The bill also provides a mechanism for employees to dispute or add explanatory statements to information in their records, and requires employers to retain these records for three years after an employee's termination. Furthermore, the bill protects employees from retaliation for exercising their rights, including prohibiting threats related to immigration status, and establishes penalties of $500 to $2,500 for violations, to be enforced by the attorney general. The provisions can coexist with collective bargaining agreements that provide similar or better access to personnel records.

Committee Categories

Labor and Employment

Sponsors (14)

Last Action

referred to labor (on 01/15/2025)

bill text


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