New York employers may soon need to establish, for the first time, procedures for their employees to access personnel records. Specifically, the New York Legislature recently passed a new law, Senate Bill S3460, which amends the New York Labor Law and grants employees broad rights to access their personnel files, including a requirement for employers to notify employees when certain negative information is added to their file. The bill has been delivered to Governor Kathy Hochul and is widely expected to be signed into law. If enacted, the law will take effect 60 days after signing.
The legislation would establish a statewide personnel records access requirement applicable to both public and private sector employees in New York and would impose several new notice, disclosure, and recordkeeping obligations on employers.
The bill provides employees with the right to inspect and obtain copies of their personnel records. Employers would be required to furnish requested records within five business days after receiving a written request from an employee. Employees may make such requests up to twice per calendar year.
The legislation defines personnel records broadly and is expected to cover many of the documents employers maintain concerning an employee's performance, discipline, compensation, qualifications, and employment history. Specifically, the bill states, "all of the following written information or documents to...
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