Labor and Public Employees Committee

JOINT FAVORABLE REPORT

Bill No.:

SB-910

Title:

AN ACT CONCERNING AN EMPLOYEE ACCESS TO PERSONNEL FILES.

Vote Date:

3/19/2013

Vote Action:

Joint Favorable Substitute

PH Date:

3/14/2013

File No.:

314

SPONSORS OF BILL:

The Labor and Public Employees Committee

REASONS FOR BILL:

To allow an employee the access to their employee files.

Substitute Language:

Change the length of time to respond from 3 days to 5 days.

RESPONSE FROM ADMINISTRATION/AGENCY:

None Submitted

NATURE AND SOURCES OF SUPPORT:

Lisa Levy, Greater Hartford Legal Aid testified in support of the bill. Under the current law there is no time frame for employers to comply with allowing their employees or former employees to inspect and copy their personnel files. This bill is sorely needed so that workers are not at a disadvantage in employment proceedings and unemployment compensation. She said “unemployed workers are only given five days notice before their unemployment compensation hearings, so they must have quick access to their personnel files.”

NATURE AND SOURCES OF OPPOSITION:

Andy Markowski, National Federation of Independent Business submitted testimony against the bill. As currently drafted this bill is unnecessary and would result in additional litigation for businesses and would be an unduly burden for some businesses. Government rules and regulations are making labor issues more and more complicated. What if a small business owner is on vacation when the request is put in? They would be unable to process the request in the time frame given.

Eric Gjede, CBIA testified that this bill imposes significant administrative burdens on the business community. The bill as currently drafted does not address many different questions. There is no way to determine the date the employer received the request. Also disciplinary action is not defined and is subjective. Even if these questions were answered the business community is concerned because this bill imposes a new legal liability on Connecticut businesses.

Craig Orlan, Honda North America testified that while we understand the desire for the committee to improve employee access to their files, the time frame for this bill is unworkable for Honda. All of the employee files are located in California in different locations and this bill would not give us reasonable time to obtain those files. What is a reasonable time frame for one company is not always reasonable time frame for other companies.

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Reported by: Pamela Bianca

3/21/2013