HB1707 Grants employees rights to access their personnel files.
Sponsor: George, Thomas E. (74) Effective Date:00/00/0000
CoSponsor: Kissell, Don R. (17) LR Number: 3501L.01I
Last Action: 02/03/2000 - Referred: Labor (H)
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar

Available Bill Summaries for HB1707 Copyright(c)
* Introduced

Available Bill Text for HB1707
* Introduced *



HB 1707 -- Access to Personnel Files

Co-Sponsors:  George, Kissell, Luetkenhaus, McKenna, Reynolds,
Murray, Green, Hickey, Davis (63), Wagner

This bill establishes the Personnel Records Review Act.  In its
main provisions, the bill:

(1)  Requires employers to permit employees to review all or
part of personnel documents that have been used in stated
personnel practices which have affected an employee's employment

(2)  Requires that employees place their request to review
personnel documents in writing;

(3)  Requires employers to grant at least 2 inspection requests
by employees in a calendar year if such requests are made at
reasonable intervals, unless a collective bargaining agreement
states otherwise;

(4)  Requires employers to grant the written review request of
an employee within 7 working days of such request.  Employers
can have an additional 7 days to comply with the initial written
request if the employer can reasonably show that the first
deadline cannot be met;

(5)  Specifies the location and the time of the personnel
documents review;

(6)  Prohibits employees from taking personnel documents from
the review site;

(7)  Gives employers the right to protect the personnel records
from loss, damage, or alteration;

(8)  Allows employers to mail a copy of an employee's personnel
record upon written request;

(9)  Allows employers to charge a duplication fee for personnel
records copied;

(10)  Specifies the procedures for using personnel record
information in a judicial or quasi-judicial proceeding;

(11)  Specifies the procedure an employee can use to have a
third party review the employee's personnel record if the
employee is involved in a current grievance against an employer;

(12)  Contains the procedure for disputing or correcting
information contained in the employee's personnel record,
including procedures governing the release of the disputed
information to a third party;

(13)  Contains procedures concerning the removal of false
information knowingly placed in an employee's personnel record;

(14)  Contains procedures for divulging discipline of employees
by employers and former employers;

(15)  Allows employers to review a personnel record before
release to a third party, with exceptions;

(16)  Prohibits employers from gathering or keeping a record of
an employee's non-employment activities or communications unless
submitted in writing or approved by an employee;

(17)  Allows employers to maintain a record of an employee's
activity which occurs on the employer's premises or during
working hours which constitutes criminal conduct or can
reasonably be expected to harm or cause financial liability to
an employer's property, operation, or business;

(18)  Contains exclusions to an employee's or a designated
representative's right to inspect certain personnel records and

(19)  Prohibits employers from gathering or keeping a record of
a written notification of an unfounded child abuse report, which
is generated as a result of an investigation initiated by the
Division of Family Services;

(20)  Requires the Director of the Department of Labor and
Industrial Relations or an authorized representative to enforce
the provisions and develop rules facilitating the administration
and enforcement of the act;

(21)  Specifies the procedures governing an employee's filing of
a complaint with the department;

(22)  Specifies the investigatory and judicial processes
governing the complaint process;

(23)  Allows employees to commence legal action against
employers who violate provisions of the act if stated procedures
have failed;

(24)  Contains penalty provisions concerning an employer's
failure to comply with a court order; and

(25)  Makes it a class A misdemeanor for employers and agents or
officers of private employers to take retributive actions
against an employee who institutes or who participates in any
proceedings covered by the act.


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Last Updated October 5, 2000 at 11:34 am