SENATE DOCKET, NO. 1571        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 893

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Richard J. Ross

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to employee records.

_______________

PETITION OF:

 

Name:

District/Address:

Richard J. Ross

Norfolk, Bristol and Middlesex

Leonard Mirra

2nd Essex

Bruce E. Tarr

First Essex and Middlesex

Robert L. Hedlund

Plymouth and Norfolk

Donald F. Humason, Jr.

Second Hampden and Hampshire

Viriato M. deMacedo

Plymouth and Barnstable


SENATE DOCKET, NO. 1571        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 893

By Mr. Ross, a petition (accompanied by bill, Senate, No. 893) of Richard J. Ross, Leonard Mirra, Robert L. Hedlund and Viriato M. deMacedo for legislation relative to employee records.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 786 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to employee records.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 149 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 52D the following section:-

Section 52E. (a) Unless otherwise provided by law, an employer, or an employer’s designee, who discloses information about a current or former employee to a prospective employer of the employee, shall be absolutely immune from civil liability if the disclosed information includes any or all of the following: (1) date of employment; (2) pay level; (3) job description and duties; and (4) wage history.  An employer who responds in writing to a written request concerning a former employee from a prospective employer of that employee shall be absolutely immune from civil liability if the disclosed information includes either or both of the following: (1) written employee evaluations which were conducted prior to the employee’s separation from the employer; and (2) whether the employee was voluntarily or involuntarily released from service and the reasons for the separation.

(b) This section shall apply to causes of action accruing on and after the effective date of this act.