The New York State Assembly has passed a bill, which if signed by the Governor, would provide employees with new rights with respect to their personnel files, including notice of, and the opportunity to respond to, certain types of “negative information” placed in their personnel files. S3460, which is modeled in part after Massachusetts’ personnel records law, would add new Section 210-b to the New York Labor Law and take effect sixty (60) days if and after Governor Hochul signs it into law.

The Law Broadly Defines “Personnel Record”.

S3460 defines a “personnel record” as a “record kept by an employer that identifies an 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.” This describes what most employers know as a “personnel file.” But S3460 takes it one step further and provides a list of items that employers must include in an employee’s personnel file, including:

• The employee’s name, address, date of birth, job title, and job description;
• The job application, resumes or other forms of employment inquiry submitted by the employee to the employer in response to the employer’s job advertisement;
• The employee’s starting date of employment;
• The rate of pay and any other compensation paid to the employee (e.g., commissions, bonuses, etc.);
• All employee performance evaluations, including, without...

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