FIRST REGULAR SESSION

HOUSE BILL NO. 131

90TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE BRAY.

Pre-filed December 14, 1998, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L0766.01I

AN ACT

To amend chapter 290, RSMo, relating to employee rights by adding thereto one new section relating to the same subject.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 290, RSMo, is amended by adding thereto one new section, to be known as section 290.150, to read as follows:

290.150. 1. An employer shall, within fourteen days after receipt of a written request from an employee or a former employee, permit such employee or former employee to inspect and make copies of the employee's personnel file, if such file exists, and other personnel information maintained by the employer concerning the employee subject to the employer's reasonable rules, at or near the employee's place of employment or former place of employment, and during regular business hours. The employer may require an employee or former employee who requests copies of material pursuant to this section to pay the reasonable cost of duplication.

2. An employer that maintains personnel files shall keep any personnel file pertaining to a particular employee for at least one year after the termination of such employee's employment.

3. For the purposes of this section, a personnel file includes, but is not limited to, any formal or informal employee evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits and nonprivileged medical records or nurses' station notes relating to the employee which the employer has in the employer's possession.

4. An employer is not required to provide an employee with an opportunity to review the employee's personnel record if the employee has reviewed the personnel record during the previous six months; except that, upon separation from employment, an employee shall have the opportunity to review the employee's personnel record upon request pursuant to subsection 1 of this section.

5. This section does not supersede the terms of a collective bargaining agreement.

6. Any employer who, following a request pursuant to this section, without good cause fails to provide an opportunity for review and copying of a personnel file, within fourteen days of receipt of such request, is subject to a forfeiture of twenty-five dollars per day that such failure persists and is liable for the employee's reasonable attorney's fees and court costs if judicial enforcement of this section is required. The total forfeiture shall not exceed five hundred dollars, in addition to such employee's reasonable attorney's fees and court costs incurred in enforcing this section.

Missouri House of Representatives