OLR Bill Analysis

HB 6185 (as amended by House “A”)*

AN ACT CONCERNING PENALTIES FOR VIOLATIONS OF CERTAIN PERSONNEL FILES STATUTES.

SUMMARY:

This bill subjects any employer, officer, agent, or other person who violates the provisions of the Personnel Files Act to a $ 300 civil penalty for each violation. The Labor Department imposes the penalty and can ask the attorney general to initiate civil action to recover any unpaid penalties.

By law when the attorney general helps recover penalties from violations of Chapter 557 (employment regulation regarding minors, people with disabilities, apprentices, family and medical leave, certain employee rights, and other employment issues), Chapter 558 (various wage laws), and workers' compensation insurance fraud, the money is credited to the Labor Department to use to enforce the laws that generated the penalties. The bill authorizes personnel file penalties to be used to support enforcement of the personnel file law or any of the other laws previously mentioned.

*House Amendment “A” specifies that the Labor Department may use penalties recovered under the bill to enforce provisions of the Personnel Files Act.

EFFECTIVE DATE: October 1, 2009

BACKGROUND

Personnel Files Act

This state law imposes certain requirements on employers who keep employee personnel and medical records. The law requires the employee's written consent, in most cases, before an employer can disclose individually identifiable information other than the employee's dates of employment, job title, and wage or salary.

The employer must also allow an employee access to personnel files and, in the case of medical files, allow access by a physician chosen or approved by the employee. The employers must maintain both types of files for a certain period after a worker stops working for that company and must abide by other statutory requirements.

COMMITTEE ACTION

Labor and Public Employees Committee

Joint Favorable