New notice, personnel record obligations for NY employers take effect November 8
Analysis
New personnel record requirements for employers in New York State – including an employee notification requirement – will take effect on Sunday, November 8.
The law applies to all New York State employers, regardless of the number of employees. Out-of-state employers should also ideally comply, with respect to any employees who are in the State of New York.
As of November 8, covered employers will be required to do the following:
- Notify an employee if any negative information is placed in the employee's personnel record. This includes disciplinary action, as well as anything that is or may be used to adversely affect employment, promotion, transfer, or compensation. The notice must be provided to the employee no more than 10 calendar days after the negative information is placed in the employee’s record. The requirement does not apply to routine or neutral personnel filings.
- Provide to a current or former employee a free copy of the employee’s personnel record no later than 5 business days of receipt of a written request.
- Permit employees to review their personnel records at least twice per calendar year. This is in addition to any reviews prompted by newly added negative information.
- Retain an employee’s complete personnel record throughout employment and for three years after employment ends.
Non-compliance with this requirement can result in fines between $500 and $2,500 per violation.
