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Total Articles: 4

Massachusetts Personnel Records Statute Amendment Update

The Massachusetts Attorney General’s Office has updated its earlier position communicated to Jackson Lewis and has informed Jackson Lewis that it will “probably” issue a guidance document about the amendment to the Massachusetts Personnel Records Statute. According to an official in the Attorney General’s Office familiar with the matter, “all options are on the table,” including a “clarification [or] advisory.” The Attorney General’s Office has no timeline for issuing its explanatory document, we were told.

Update on Amendment to Massachusetts Personnel Records Statute

Despite requests by several law firms, the Massachusetts Attorney General has decided not to issue an interpretive guidance or other interpretive aid for a broadly worded amendment to the Massachusetts Personnel Records statute that places an affirmative duty on employers to notify employees when adding new information to a “personnel record” that could negatively affect the employee’s employment or lead to disciplinary action.

Newly Signed Bill Significantly Changes Personnel Records Law

Massachusetts Governor Deval Patrick recently signed an economic development bill that contains a significant amendment to the Massachusetts personnel records law. The new law (Chapter 240 of the Acts of 2010, section 148) implements a dramatic change in employers’ legal obligations regarding personnel records. The amendment requires employers to notify employees within 10 days of the addition to their “personnel record” of any information that is being used, has been used or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or may subject the employee to disciplinary action.

Newly Signed Bill Significantly Changes Personnel Records Law.

Massachusetts Governor Deval Patrick recently signed an economic development bill that contains a significant amendment to the Massachusetts personnel records law. The new law (Chapter 240 of the Acts of 2010, section 148) implements a dramatic change in employers’ legal obligations regarding personnel records. The amendment requires employers to notify employees within 10 days of the addition to their “personnel record” of any information that is being used, has been used or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or may subject the employee to disciplinary action.
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