News & Analysis as of

Employee Rights Personnel Records

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
BCLP

Illinois Employment Law Updates: AI Restrictions, New Protected Classes, and More

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The Illinois General Assembly and Governor JB Pritzker have been busy in 2024, enacting significant changes to existing statutes like the Illinois Human Rights Act (the “IHRA”), the Personnel Records Review Act (the “PRRA”),...more

Pullman & Comley - School Law

A Look In Through the Out Door: The FOIA and Employee Exit Interviews

It is a common practice for employers to conduct exit interviews with departing employees.  Without even discussing employment law issues (not to mention issues over the appropriate roles and responsibilities for school...more

Morgan, Brown & Joy, LLP

Massachusetts Supreme Judicial Court Finds that Employees Cannot be Terminated Merely for Filing a Rebuttal to a Personnel Record

On December 17, 2021, Meehan v. Medical Information Technology, Inc., the Supreme Judicial Court of Massachusetts (“SJC”) held that an employee’s filing a rebuttal to information placed in their personnel file that could...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel...more

Best Best & Krieger LLP

New 2020 Labor & Employment Laws for Public Agencies

Shauna Amon Writes About Public Employer New Laws in PublicCEO - California and federal courts, along with the state’s Public Employer Relations Board, handed down a number of decisions last year that will impact public...more

Jackson Lewis P.C.

Virginia Employers Required To Provide Copies Of Employment Records Upon Written Request

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On July 1, 2019, a new amendment to Virginia Code Section 8.01-413.1 will take effect. For the first time, all Virginia employers will be required to provide copies of employment records to employees upon written request....more

McGuireWoods LLP

New Virginia Law Requires Disclosure of Personnel Records

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Traditionally, Virginia private sector employers have had discretion to decide whether to provide current and former employees with copies of or access to their employment records. Beginning July 1, 2019, that will no longer...more

Seyfarth Shaw LLP

The Peculiar “Personnel-ity” of California Personnel File Inspection Laws

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Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Colorado Law Requires Employee Access to Personnel Files

On June 10, 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432. Effective January 1, 2017, the new law will require private sector employers to allow employees to access their personnel files at...more

Littler

Colorado Grants Certain Private-Sector Employees the Right to Inspect Their Personnel Files

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On June 10, 2016, Governor John W. Hickenlooper signed Colorado House Bill 16-1432, Personnel Files Employee Inspection Right (the “Bill”), into law.  The Bill, which provides certain current and former private-sector...more

Ballard Spahr LLP

Colorado Governor Signs Bill That Gives Employees Right To Review Their Personnel File

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A bill requiring Colorado private employers to provide requesting employees with access to inspect and copy their personnel files at least annually has been signed by Governor John Hickenlooper. The bill defines "personnel...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

Epstein Becker & Green

Act Now Advisory: January 2014 New Arrival: New York City's Reasonable Accommodation Law (and Accompanying Notice Requirements)...

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As we previously reported (see the Act Now Advisory titled "New York City Human Rights Law Expanded to Require Employers to Reasonably Accommodate Pregnant Employees"), on October 2, 2013, former New York City Mayor Michael...more

Fisher Phillips

Using Biometrics In The Workplace

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In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...more

Partridge Snow & Hahn LLP

RI Increased Employee Absences (and Headaches) due to the 2014 Temporary Caregiver Leave Law

Effective January 1, 2014, all Rhode Island employers must allow their employees four (4) weeks of time off per year under the Temporary Caregiver Insurance (“TCI”) Law. Like Temporary Disability Insurance ("TDI"), the...more

Obermayer Rebmann Maxwell & Hippel LLP

Attention New Jersey Employers: It’s Time to Post the New Gender Equality Notice

Effective January 6, 2014, New Jersey employers with 50 or more employees (regardless of whether those employees work inside or outside of New Jersey) must conspicuously post The New Jersey Commissioner of Labor and Workforce...more

Littler

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

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In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

Fisher Phillips

New Jersey Department of Labor Publishes Gender Equity Notice

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New Jersey employers with 50 or more employees will be required to post and distribute a gender equity notice (“Notice”) to employees in New Jersey beginning January 6, 2014. ...more

BakerHostetler

Expansion of Employment Protections for Employees Who Are Crime Victims, Including Obligations to Provide Reasonable...

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Existing laws prohibit an employer from discharging, discriminating, or retaliating against an employee who is a victim of domestic violence or sexual assault for taking time off from work in connection with court proceedings...more

McCarter & English, LLP

Connecticut’s new personnel file law takes effect tomorrow: are you prepared?

Connecticut’s Public Act 13-176, An Act Concerning Employee Access to Personnel Files, goes into effect on October 1. The new law amends Connecticut’s employee personnel file law and changes employers’ obligations and the...more

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