NY Bill Expands Employee Access to Personnel Files
A bill awaiting the governor's signature would grant New York employees broad access to their personnel files and require employers to provide notice of any negative additions.
The New York Legislature has passed a bill, now awaiting the governor's signature, that would substantially expand employee rights concerning personnel records. If signed into law, the amendments to the New York Labor Law would create significant new compliance burdens for employers, including granting current and former employees broad access to and the right to copy their personnel files. Perhaps most notably, the bill mandates that employers notify employees within 10 days whenever any negative information is added to their record. This notice must also advise employees of their right to submit a written rebuttal, which the employer would be required to keep in the file. The changes could increase administrative costs and the likelihood of employment disputes. New York employers should watch for Governor Kathy Hochul's decision. If the bill becomes law, covered employers will have just 60 days to establish compliant procedures for record retention, access, and the new adverse-information notification process or face monetary penalties.