New York Employers:
Last month, a bill that would require New York employers to provide current and former employees with access to their personnel records passed both houses of the New York State legislature.
The law would take effect 60 days after being signed by the Governor, should she choose to sign it. At this time, the law has not yet been delivered to the Governor, but that is forthcoming. If enacted, key requirements would include:
- Employers providing personnel record access within five (5) business days of a current or former employee’s written request (limited to two (2) times per calendar year);
- Employers must notify an employee within ten (10) days of the employer placing a document in the employee’s personnel record to the extent the information is, has been, or may be used to negatively affect the employee’s employment.
- Employees can respond disputing or explaining the information, and such response must be included in the personnel file.
- Unaltered personnel records must be kept for three (3) years after an employee’s termination of employment.
Your D+G Labor and Employment group is monitoring and will keep you updated.