BULLARD-PLAWECKI EMPLOYEE RIGHT TO KNOW ACT
Act 397 of 1978
423.501 Short title; definitions.
Sec. 1.
(1) This act shall be known and may be cited as the "Bullard-Plawecki employee right to know act".
(2) As used in this act:
(a) "Employee" means a person currently employed or formerly employed by an employer.
(b) "Employer" means an individual, corporation, partnership, labor organization, unincorporated association, the state, or an agency or a political subdivision of the state, or any other legal, business, or commercial entity which has 4 or more employees and includes an agent of the employer.
(c) "Personnel record" means a record kept by the employer that identifies the employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. A personnel record shall include a record in the possession of a person, corporation, partnership, or other association who has a contractual agreement with the employer to keep or supply a personnel record as provided in this subdivision. A personnel record shall not include:
(i) Employee references supplied to an employer if the identity of the person making the reference would be disclosed.
(ii) Materials relating to the employer's staff planning with respect to more than 1 employee, including salary increases, management bonus plans, promotions, and job assignments.
(iii) Medical reports and records made or obtained by the employer if the records or reports are available to the employee from the doctor or medical facility involved.
(iv) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
(v) Information that is kept separately from other records and that relates to an investigation by the employer pursuant to section 9.
(vi) Records limited to grievance investigations which are kept separately and are not used for the purposes provided in this subdivision.
(vii) Records maintained by an educational institution which are directly related to a student and are considered to be education records under section 513(a) of title 5 of the family educational rights and privacy act of 1974, 20 U.S.C. 1232g.
(viii) Records kept by an executive, administrative, or professional employee that are kept in the sole possession of the maker of the record, and are not accessible or shared with other persons. However, a record concerning an occurrence or fact about an employee kept pursuant to this subparagraph may be entered into a personnel record if entered not more than 6 months after the date of the occurrence or the date the fact becomes known.
History: 1978, Act 397, Eff. Jan. 1, 1979
PopularName Notes:
Right-to-Know
Notes of Decisions
McManamon v. Redford Charter Twp., 730 N.W.2d 757 (Mich. Ct. App. 2006).
· cites it 4× “262040, defendant Charter Township of Redford appeals as of right from a judgment for plaintiff in this action involving the Employee Right to Know Act (ERKA), MCL 423.501 et seq. In Docket No. 263260, defendant appeals as of right from an "Order Granting Plaintiff's Motion for…”
Radtke v. Everett, 501 N.W.2d 155 (Mich. 1993).
· cites it 2× “Plaintiff alleged that she was (1) sexually harassed in violation of the Civil Rights Act, (2) constructively discharged on the basis of sex, (3) the victim of assault and battery, [9] and (4) denied access to her personnel files in violation of the Employee Right to Know Act,…”
Timothy Boykin v. Fam. Dollar Stores of Mich., 3 F.4th 832 (6th Cir. 2021).
“While Family Dollar conclusorily asserts in a footnote that the arbitration contract does not qualify as a “personnel record,” Mich. Comp. Laws § 423.501 (2)(c), it offers no explanation why that is so.”
Sonsearaharay POLK, Plaintiff-Appellee, v. YELLOW FREIGHT Sys., INC., an Indiana Corp., Defendant-Appellant, 801 F.2d 190 (6th Cir. 1986).
· cites it 3× “On May 9, 1979, plaintiff requested access to her personnel file in accordance with the Bullard-Plawecki Employee Right-to-Know Act, Mich.Comp. Laws Ann. § 423.501 et seq.; she was given access on May 23, 1979.”
Newark Morning Ledger Co. v. Saginaw Cnty. Sheriff, 514 N.W.2d 213 (Mich. Ct. App. 1994).
· cites it 3× “In making this determination, we are guided by the Legislature’s treatment of investigatory records pertaining to an employee in the Employee Right to Know Act (erka), MCL 423.501 et seq.; MSA-17.62(1) et seq.”
Porter v. City of Royal Oak, 542 N.W.2d 905 (Mich. Ct. App. 1995).
· cites it 2× “efendants (1) communicated to the media false, noncontextual, and defamatory information; (2) invaded his privacy by publicly disclosing private facts and placing him in a false light; (3) violated public policy by disciplining him for failing to take an action that would have…”
Cleghorn v. Hess, 853 P.2d 1260 (Nev. 1993).
· cites it 2× “26, § 631 (West 1992); Mich.Comp.Laws Ann. § 423.501 (West 1978 & Supp.”
Wright v. Kellogg Co., 795 N.W.2d 607 (Mich. Ct. App. 2010).
· cites it 14× “501(2)(c)(viii) OF ERKA Given our conclusions with respect to MCL 423.501(2)(c)(vi) of ERKA, we need not address Wright’s arguments with respect to MCL 423.”
Polina Milman v. Fieger & Fieger, P.C., 58 F.4th 860 (6th Cir. 2023).
“On March 23, Milman requested her personnel file pursuant to Mich. Comp. Laws § 423.501 (1979). The very next day, Fieger sent a second termination letter now stating that: “[Milman] made it clear by [her] activity that [she] had no intention of coming into work”; she refused to…”
Cabrera v. Ekema, 695 N.W.2d 78 (Mich. Ct. App. 2005).
“, (2) violations of the Employee Right to Know Act, MCL 423.501 et seq., (3) breach of contract, (4) unjust enrichment, and (5) conversion.”
— Mich. Comp. Laws § 423.501(1)(c) — 1 case
— Mich. Comp. Laws § 423.501(1)(c)(iv) — 1 case
— Mich. Comp. Laws § 423.501(1)(c)(v) — 3 cases
— Mich. Comp. Laws § 423.501(2)(c) — 4 cases
Newark Morning Ledger Co. v. Saginaw Cnty. Sheriff, 514 N.W.2d 213 (Mich. Ct. App. 1994).
“In making this determination, we are guided by the Legislature’s treatment of investigatory records pertaining to an employee in the Employee Right to Know Act (erka), MCL 423.501 et seq.; MSA-17.62(1) et seq.”
Wright v. Kellogg Co., 795 N.W.2d 607 (Mich. Ct. App. 2010).
“501(2)(c)(viii) OF ERKA Given our conclusions with respect to MCL 423.501(2)(c)(vi) of ERKA, we need not address Wright’s arguments with respect to MCL 423.”
— Mich. Comp. Laws § 423.501(2)(c)(ci) — 1 case
Wright v. Kellogg Co., 795 N.W.2d 607 (Mich. Ct. App. 2010).
“501(2)(c)(viii) OF ERKA Given our conclusions with respect to MCL 423.501(2)(c)(vi) of ERKA, we need not address Wright’s arguments with respect to MCL 423.”
— Mich. Comp. Laws § 423.501(2)(c)(i) — 3 cases
— Mich. Comp. Laws § 423.501(2)(c)(ii) — 3 cases
— Mich. Comp. Laws § 423.501(2)(c)(v) — 1 case
Newark Morning Ledger Co. v. Saginaw Cnty. Sheriff, 514 N.W.2d 213 (Mich. Ct. App. 1994).
“In making this determination, we are guided by the Legislature’s treatment of investigatory records pertaining to an employee in the Employee Right to Know Act (erka), MCL 423.501 et seq.; MSA-17.62(1) et seq.”
— Mich. Comp. Laws § 423.501(2)(c)(vi) — 1 case
Wright v. Kellogg Co., 795 N.W.2d 607 (Mich. Ct. App. 2010).
“501(2)(c)(viii) OF ERKA Given our conclusions with respect to MCL 423.501(2)(c)(vi) of ERKA, we need not address Wright’s arguments with respect to MCL 423.”
— Mich. Comp. Laws § 423.501(2)(c)(viii) — 1 case
Wright v. Kellogg Co., 795 N.W.2d 607 (Mich. Ct. App. 2010).
“501(2)(c)(viii) OF ERKA Given our conclusions with respect to MCL 423.501(2)(c)(vi) of ERKA, we need not address Wright’s arguments with respect to MCL 423.”
— Mich. Comp. Laws § 423.501(2)(c)(w) — 1 case
Wright v. Kellogg Co., 795 N.W.2d 607 (Mich. Ct. App. 2010).
“501(2)(c)(viii) OF ERKA Given our conclusions with respect to MCL 423.501(2)(c)(vi) of ERKA, we need not address Wright’s arguments with respect to MCL 423.”
— Mich. Comp. Laws § 423.501(c) — 1 case
— Mich. Comp. Laws § 423.501(c)(v) — 2 cases
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