NEW YORK: NEW EMPLOYEE RECORD ACCESS REQUIREMENTS

THE QUICK TAKE

New York has passed a new law giving current and former employees greater rights to access, review, and dispute information in their personnel records. Employers will need to follow new requirements for record retention, employee notifications, and responding to employee file requests.

WHAT YOU NEED TO KNOW

• • File Requests: Employers must provide current and former employees with copies of their employment file within five business days of a written request.
  • Employee Access: Employees can review their records at least twice per calendar year.
  • Negative Information: Employers must notify employees within 10 days when negative information is added to their employee file that could impact employment decisions.
  • Record Retention: Employee records must be maintained throughout employment and for at least three years after separation.
  • Employee Disputes: Employees have the right to challenge information in their records and submit written responses that must be included in their files.
  • Penalties: Violations can result in fines ranging from $500 to $2,500

WHAT YOU NEED TO DO

• • Review Employee Files: Ensure employee records are properly maintained, organized, and securely stored.
  • Update HR Procedures: Establish processes to respond to file requests within five business days and notify employees of negative information within 10 days.
  • Train Your Managers: Make sure managers understand documentation requirements and when HR must be notified.
  • Review Retention Practices: Confirm employee records are retained for the required period, including records maintained by third-party providers.

For additional information and resources: Visit the New York State Senate website.