On October 15, 2012, a bill (A3374) was introduced in the New Jersey Assembly that would require employers with five or more employees to allow their employees access to inspect and copy their personnel records up to twice a year (including up to one year following termination), within seven days of such a request. Employees who disagree with information contained in their files would be permitted to submit an explanatory statement, which would be placed in the file. The bill further provides limitations on: what personnel file contents employees cannot view; what contents employers can and cannot provide to requesting third parties (even with a release); and what information generally cannot be maintained in a personnel file (e.g., information regarding an employee’s associations or political activities). Violations of the law could lead to civil penalties of up to $2,500, as well as actual damages plus reasonable attorneys’ fees and court costs to a prevailing employee.
By Mark Diana
