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MA H1779

MA H1779
To Clarify the Personnel Records Statute


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to personnel record notifications. Labor and Workforce Development.

AI Summary

This bill clarifies the "Personnel Records Statute" by defining "employee" and "personnel record" more precisely, with "personnel record" referring to any written or electronic document kept by an employer that identifies an employee and is used or could affect their employment status, qualifications, promotion, transfer, compensation, or disciplinary actions, and is maintained by the human resources department or a designee. The bill mandates that employers provide employees with an opportunity to review their personnel records within five business days of a written request, and to receive a copy within the same timeframe, with limitations on the frequency of reviews unless negative information is added. If an employee disagrees with information in their record, they can submit a written statement to be included, and if an employer knowingly includes false information, the employee has recourse through various legal and administrative channels. For employers with twenty or more employees, personnel records must be retained for three years after termination and longer if relevant to legal action, and any written personnel policy must be continuously maintained. Violations of these provisions are punishable by a fine of $500 to $2,500, enforced by the attorney general.

Committee Categories

Labor and Employment

Sponsors (2)

Last Action

Accompanied a study order, see H4605 (on 09/12/2016)

bill text


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