HB 3763

Abstract

Amends the Personnel Record Review Act. Provides for specific documents that every employee has a legal right to inspect and copy. Provides that an employer shall not include the imputed costs of time spent duplicating the information, purchasing or renting a copying machine, purchasing or renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. Provides that an employee may bring an action in circuit court regardless of whether that employee has filed a complaint concerning the same violation with the Department of Labor. Authorizes an employee to file a complaint with the Department regardless of whether the employee pursued or is pursuing an action for the same violation in circuit court. Repeals provisions concerning personnel record inspections by representatives of the employee. House Committee Amendment No. 1 Deletes reference to: 820 ILCS 40/3 from Ch. 48, par. 2003 Adds reference to: 820 ILCS 40/10 from Ch. 48, par. 2010 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Requires an employee to make a written request to the employer before having a legal right to inspect, copy, and receive copies of specified documents, including any employment-related contracts or agreements that employer maintains are legally binding on the employee (rather than any contracts or agreements that the employee signed or that the employer maintains the manifested intent of the employee to be bound or that the employer maintains are legally binding on the employee). Removes other types of documents to which an employee has the right to inspect, copy, and receive copies. Modifies how requests must be made and the requirements of written requests. Removes changes made to how an employee may obtain copies of information requested. Provides that the right of the employee or the employee's designated representative to inspect personnel records does not apply to an employer's trade secrets, client lists, sales projections, and financial data. Modifies provisions on how the Act is administered and enforced, including requirements for commencing an action in circuit court. Restores language allowing actual damages plus costs in a civil action and, for a willful and knowing violation of the Act, reasonable attorney's fees. Makes other changes. House Floor Amendment No. 4 Deletes reference to: 820 ILCS 40/5 rep. Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1 with the following changes. Provides that a written request for records shall, if the records being requested include medical information and medical records, include a signed waiver to release medical information and medical records to that employee's specific representative. Provides that, if records are maintained in a manner and fashion that is already accessible by the employee, the employer may instead provide the employee with instructions on how to access that information. Deletes a provision that repeals the right of an employee to designate a representative of the employee's union or collective bargaining unit or other representative to inspect the employee's personnel record in specified circumstances. Makes other changes.