Want to know what your employer really thinks of you? Soon, it will be easier for New Yorkers to find out.
Starting on November 8, a new employee personnel records access law will go into effect for New York public and private employers, equipping current and former employees with new rights to view — and, when necessary, dispute — the contents of their records.
The new ruling, which came about after Governor Kathy Hochul signed Senate Bill 3460 into law early in September, adding Section 210-B to the New York Labor Law, will enable New Yorkers employed by both private and public employers to access their personnel records within five days of submitting a written request — though this will be limited to two occasions per calendar year, per Barclay Damon LLP.
The new law will also put additional onus on the employer when it comes to making negative feedback more easily visible and accessible to employees. Under the fresh ruling, employers must notify their employees of any new negative information that is placed in their file — defined as anything that has or could be used to affect qualification for employment, promotion, transfer, additional compensation or disciplinary action — within 10 days of filing (not counting towards the two standard annual reviews).
Employees who have recently moved on to new opportunities can still take advantage of the new rule, should they desire, as employers will be required to share access to these records up to three years past employment.
If an employer does choose to dispute any information in their file — which is broadly defined under the new law, and can include anything from basic employee information to performance evaluations to documents regarding disciplinary action — they can either reach an agreement with their employer to expunge it, or include a written statement explaining the employee’s position, which would then be added to the file.
Employees looking to utilize the new ruling should not fear retaliation by their employer, as the law has included protections in place to prevent this from being an issue — most notably, a $500 to $2,500 fine for each statute violation, enforced by the New York Attorney General.
The new law will add New York to the list of 19 states that currently have some form of access law regarding personnel files for private sector employees, according to Employment Law Worldview.
Amendments to the law are likely to follow in 2027 to correct current ambiguities, according to legal practice Holland & Knight. Follow-up clarifications will likely include amendments that the employers are not required to create personnel files and records they have not already maintained current and past employees. It will also likely clarify what “covered records” means in the ruling.
Still, Holland & Knight shared their recommendation that in the meantime, New York employers should “begin preparing for the law’s core personnel record access and notice requirements while monitoring further developments.”
