Curious about what your employer really has to say about your work? New York employees will soon have a clearer path to finding out.
Beginning November 8, a new personnel-records access law will apply to public and private employers across New York. The measure gives current and former employees expanded rights to review the information in their files and challenge it when necessary.
The law took shape after Gov. Kathy Hochul signed Senate Bill 3460 in early September, adding Section 210-B to the New York Labor Law. Under the new provision, employees may request their personnel records in writing and must receive access within five days. However, requests will be limited to two per calendar year, according to Barclay Damon LLP.
The legislation also requires employers to provide faster notice when unfavorable information is added to an employee’s file. Employers must notify workers within 10 days of filing any new negative material that has, or could have, an impact on hiring qualifications, promotions, transfers, additional compensation or disciplinary action. These notices will not count toward the two standard annual requests.
Former employees will not lose access simply because they have left the company. Employers must continue providing personnel records for up to three years after employment ends.
The law defines personnel records broadly. They may include basic employee information, performance reviews and disciplinary documents, among other materials. If an employee disputes something in the file, the worker may reach an agreement with the employer to have it removed or submit a written response explaining their position. That statement must then be added to the record.
Employees who use the new law will also receive protection against retaliation. The New York attorney general can enforce the measure, with penalties ranging from $500 to $2,500 for each violation.
Once the law takes effect, New York will join 19 other states with some form of personnel-file access requirement for private-sector employees, according to Employment Law Worldview.
Further amendments could arrive in 2027 to address unresolved questions, legal firm Holland & Knight said. Expected clarifications may state that employers are not required to create personnel files or records they do not already maintain for current or former workers. Lawmakers may also provide a more precise definition of “covered records.”
In the meantime, Holland & Knight recommends that New York employers begin preparing for the law’s central record-access and notification requirements while keeping track of additional developments.
