OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http://www.cga.ct.gov/ofa

sSB-910

AN ACT CONCERNING EMPLOYEE ACCESS TO PERSONNEL FILES.

As Amended by Senate "A" (LCO 5895), House "A" (LCO 6551), House "B" (LCO 6400)

House Calendar No.: 447

Senate Calendar No.: 237


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 14 $

FY 15 $

Labor Dept.

GF - Revenue Gain

Potential

Potential

Labor Dept.

GF - Revenue Loss

Potential

Potential

Municipal Impact: None

Explanation

The bill provides the Department of Labor (DOL) the option to fine employers at less than current statutory levels for violating the Personnel Files Act, and requires DOL to consider certain factors when levying the penalty. The bill also allows DOL to fine employers for violations related to former employees. Current law requires DOL to levy a fine of $500 for a first offense and $1, 000 for subsequent offenses.

There is a revenue gain to DOL associated with levying fines for violations related to former employees. This is potentially offset by a revenue loss associated with allowing DOL to levy lower fines than those set in statute, to the extent DOL would choose to do so.

The bill also makes several changes to the way employers must maintain and provide access to an employee's personnel file. These changes have no fiscal impact on the state or municipalities. The bill, which amends the Personnel Files Act, does not apply to state or municipal employers.

Senate “A” requires employers to allow employees to inspect or copy their personnel files within seven, rather than five, days and makes a clarifying change. These changes have no fiscal impact.

House “A” makes changes to the way DOL can enforce the Personnel Files Act and results in the above identified fiscal impact.

House “B” allows employers to mail a copy of a former employee's personnel file, rather than meet at an agreed upon location. This change has no fiscal impact.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.