PERSONNEL RECORD REVIEW

Session: 103rd General Assembly
Year: 2023
Bill #: HB3763
Category: Labor, Personnel and Pensions
Position: No position
Mandate? Yes
Revenue Loss?
Authority Preemption? Yes

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Summary as Introduced

Amends the Personnel Record Review Act. Provides for specific documents that every employee has a legal right to inspect and copy. Provides that an employer shall not include the imputed costs of time spent duplicating the information, purchasing or renting a copying machine, purchasing or renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. Provides that an employee may bring an action in circuit court regardless of whether that employee has filed a complaint concerning the same violation with the Department of Labor. Authorizes an employee to file a complaint with the Department regardless of whether the employee pursued or is pursuing an action for the same violation in circuit court. Repeals provisions concerning personnel record inspections by representatives of the employee.

Staff Analysis

Amends the Personnel Record Review Act. Provides for specific documents that every employee has a legal right to inspect and copy. Provides that an employer shall not include the imputed costs of time spent duplicating the information, purchasing or renting a copying machine, purchasing or renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. Provides that, if records are maintained in a manner and fashion that is already accessible by the employee, the employer may instead provide the employee with instructions on how to access that information. Provides that an employee may bring an action in circuit court regardless of whether that employee has filed a complaint concerning the same violation with the Department of Labor. Authorizes an employee to file a complaint with the Department regardless of whether the employee pursued or is pursuing an action for the same violation in circuit court. Repeals provisions concerning personnel record inspections by representatives of the employee.



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