New York employers should prepare for significant new obligations concerning employee access to personnel files. The New York Legislature just passed a bill that could soon grant current and former employees broad rights to obtain copies of personnel records, require employers to notify employees when certain negative information is placed in their files, impose personnel-record retention obligations, and prohibit retaliation against employees who exercise their rights under the law. The bill would also apply to certain personnel records maintained by third-party vendors, creating additional compliance challenges for employers that rely on outsourced HR, payroll, or personnel-management functions. If signed by Governor Hochul, the law would take effect 60 days later. Here are the seven key takeaways for employers and seven steps you should consider taking now to prepare.
7 Key Takeaways for Employers
1. Current and Former Employees Are Covered
Both current and former employees would be covered under the law. As a result, if the law is enacted, employers should expect that personnel-file requests may come not only from active employees, but also from former employees, including those involved in separation negotiations, agency charges, litigation, or post-employment disputes.
2. “Personnel Record” Includes a Wide Range of Employment Documents
The bill defines “personnel record” broadly. It includes records kept by an employer that identify an employee and are used or may...
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