On August 5, 2010, Governor Deval Patrick signed into law Senate Bill No. 2582, An Act Relative to Economic Development Reorganization. With little fanfare, Massachusetts amended G.L. c. 148, § 52C concerning employee personnel records in a way that effects all employers in the Commonwealth with a clause added into the depths of this 134-page bill. Employers are now required to notify an employee within ten (10) days of placing any negative information into the employee’s personnel record. Specifically, the law states:

An employer shall notify an employee within 10 days of the employer placing in the employee’s personnel record any information to the extent that the information is, has been used or may be used, to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action. Senate Bill No. 2582, § 148.

Additionally, while still requiring an employer to provide an employee with his or her personnel record within five (5) days of a written request for review, the new statute limits this compulsory viewing to two times per calendar year. The requirement to allow an employee to view new negative information in his or her personnel file does not count towards the two annual viewings.

A violation of this statute is enforceable by the Attorney General and is subject to a fine of between $500 and $2500.

This statutory amendment will require all employers and human resources departments to adjust and/or amend current policies regarding employee personnel files.

Please contact our offices at (617) 557-3030 or info@bmklegal.com if we can be of any service in this matter or answer any questions you may have.

Robert R. Berluti, Esq.
Rebecca L. Sipowicz, Esq.