H. B. 2461
(By Delegates Fleischauer, Shook,
Longstreth, Manchin, Burdiss, Browning,
Caputo, Kessler, Mahan, Hamilton and DeLong)
[Introduced January 24, 2007; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §21-3-22, relating to
providing that all employees have the right to review and copy
the contents of their personnel file.
Be it enacted by the Legislature of West Virginia:
That
the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §21-3-22,
to read as
follows:
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-22. Right of employees to review and copy personnel file.
Every employee, whether public or private, has the right to
review and to be provided one copy of portions or the entire
contents of his or her personnel file. In the event additional
information or documents are added to an employee's personnel file,
the employee has the right to review and copy the additional
information at the employer's expense. If additional copies of the
same material previously copied is requested, the employer may
require a charge of twenty-five cents per page of additional material copied. For purposes of this section, the term "personnel
file" means the compilation of information that is maintained or
stored, at an employer's or employer's agent's direction, in any
manner or means whatsoever, and which information has been compiled
due to the employee's employment status with the employer.
NOTE: The purpose of this bill is to give all employees the
right to review and copy their respective personnel files at
employer's expense.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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