New York S 6190: Relates to employees' right to review personnel records

Bill Text

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S06190 Summary:

BILL NOS06190 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSRSEPULVEDA

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MLTSPNSR

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Add §211-b, Lab L; add §153, Civ Serv L

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Requires employers to provide an employee, attorney for the employee or a representative of a recognized or certified employee organization, the opportunity to review and copy the employee's personnel file; provides the employee must submit a written request for this right to be exercised and former employees have to make the request within three years of leaving employment.

Go to top S06190 Actions:

BILL NOS06190 

&nbsp

03/06/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS06190 Committee&nbspVotes:

Go to topS06190 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06190 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6190

 2025-2026 Regular Sessions

 IN SENATE

 March 6, 2025
 ___________

 Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
 and when printed to be committed to the Committee on Labor

 AN ACT to amend the labor law and the civil service law, in relation to
 employees' right to review personnel records

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The labor law is amended by adding a new section 211-b to
 2 read as follows:
 3 § 211-b. Employee right to review personnel records. 1. The employer
 4 shall, upon written request from an employee or former employee, provide
 5 such employee, former employee separated from employment with such
 6 employer within the previous three years, representative of a recognized
 7 or certified employee organization or attorney of such employee with an
 8 opportunity to review and copy the employee's personnel file if the
 9 employer has a personnel file for that employee. The review and copying
 10 must take place at the location where the personnel files are maintained
 11 and during normal business hours unless, at the employer's discretion, a
 12 more convenient time and location for the employee are arranged.
 13 2. In each calendar year, the employer shall provide, at no cost to
 14 the employee, one copy of the entire personnel file when requested by
 15 the employee or former employee separated from employment with such
 16 employer within the last three years and, when requested by the employee
 17 or former employee separated from employment within the last three years
 18 with such employer, one copy of all the material added to the personnel
 19 file after the copy of the entire file was provided. The cost of copying
 20 any other material requested during the calendar year shall be paid by
 21 the employee requesting the copy.
 22 3. For purposes of this section, a personnel file includes, but is not
 23 limited to, any formal or informal employee evaluations and reports
 24 relating to the employee's character, credit, work habits, compensation
 25 and benefits, and nonprivileged medical records or nurses' station notes

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10631-01-5

 S. 6190 2

 1 relating to the employee. For the purposes of this section, the term
 2 "nonprivileged medical records or nurses' station notes" means all those
 3 materials that have not been found to be protected from discovery or
 4 disclosure in the course of civil litigation or subject to the Health
 5 Insurance Portability and Accountability Act (HIPAA).
 6 4. Records in a personnel file may be maintained in any form including
 7 paper, microfiche or electronic form. An employer maintaining records in
 8 a form other than paper shall have available to the employee, former
 9 employee separated from employment with such employer within the previ-
 10 ous three years, representative of a recognized or certified employee
 11 organization or attorney of such employee the equipment necessary to
 12 review and copy the personnel file. The employer shall take adequate
 13 steps to ensure the integrity and confidentiality of such employee
 14 records.
 15 5. Any employer who, following a request pursuant to this section,
 16 fails without good cause to provide an opportunity for r