NY Lawmakers Pass Bill Providing Employees Access To Their Personnel Records

New York lawmakers recently passed S3460, a bill that would permit employees to access their personnel records within five (5) business days of their employers receiving a written request. The bill defines personnel records as documents that relate to an “employee’s qualifications for employment, promotion, transfer, additional compensation or disciplinary action[s].” An employer must provide personnel records to an employee at no cost.

Additionally, the bill requires an employer to notify an employee within ten (10) days of placing in their personnel records any information that could negatively affect their ability to be promoted, receive a raise, or transfer, as well as any information that would lead to their discipline, suspension, or termination. After receiving notice, an employee must be able to provide a written statement disputing the newly placed negative information, which subsequently must be maintained in their personnel record.

If signed into law by Governor Hochul, it will take effect in sixty (60) days.

This bill is an important step forward in promoting transparency in ensuring that employees have the right to their personnel records. Additionally, employees will be able to contest untrue information placed in their files, minimizing their employers’ ability to weaponize their personnel files and retaliate against them.