Assembly Bill No. 38-Assemblyman Bache
CHAPTER
287
- AN ACT relating to employment practices; authorizing an employee or person referred to an employer by a labor organization to submit written material for inclusion in his record of employment; prohibiting the maintenance of a secret record of employment; and providing other matters properly relating thereto.
[Approved July 5, 1997]
- THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 613.075 is hereby amended to read as follows:
613.075 1. Any person or governmental entity who employs and has under his direction and control any person for wages or under a contract of hire, or any labor organization referring a person to an employer for employment, shall, upon the request of that employee or person referred:
(a) Give him a reasonable opportunity, during the usual hours of business, to inspect any records kept by that employer or labor organization containing information used:
(1) By the employer or labor organization to determine the qualifications of that employee and any disciplinary action taken against him, including termination from that employment; or
(2) By the labor organization with respect to that person's position on its list concerning past, present and future referrals for employment; and
(b) [Subject to the provisions of subsection 5, furnish] Furnish him with a copy of those records.
The records to be made available do not include confidential reports from previous employers or investigative agencies , other confidential investigative files concerning the employee or person referred or information concerning the investigation, arrest or conviction of that person for a violation of any law.
2. An employer or labor organization shall allow an employee or person referred to submit a reasonable written explanation in direct response to any written entry in the records of employment regarding the employee or person. Any such written explanation must be reasonable in length, in a format prescribed by the employer and maintained by the employer or labor organization in the records of employment.
3. An employer or labor organization shall not maintain a secret record of employment regarding an employee or person referred.
4. Upon termination of employment, [the] an employer shall allow [the] an employee to inspect [those] his records of employment within 60 days after his termination of employment and [, subject to the provisions of subsection 5, ] shall, if requested by that former employee within that period, furnish him with a copy of those records.
[3. The]
5. An employer or labor organization may only charge [that] an employee or person referred an amount equal to the actual cost of providing access to and copies of [those records.
4.] his records of employment.
6. The employee or person referred shall, if he contends that any information contained in the records is inaccurate or incomplete, notify his employer or the labor organization in writing of his contention. If the employer or labor organization finds that the contention of that employee or person is correct, it shall change the information accordingly.
[5.] 7. No copies may be furnished to an employee or former employee under this section unless he has been or was employed for more than 60 days.
Sec. 2. This act becomes effective upon passage and approval.
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