The Legislature has passed a bill that significantly increases employees’ access to their personnel records.

Under this new legislation, employers in New York are required to provide employees with access to their personnel records twice a year, and within five days of any request. Additionally, employers must notify employees within ten days if any “negative information” is added to their records. This includes any information that could potentially impact an employee’s eligibility for promotions, transfers, additional compensation, or disciplinary actions. Employees also have the opportunity to submit a written statement regarding any negative information included in their files.

Moreover, employers are required to maintain personnel records for each employee from the start of employment until three years after termination. Violations of this legislation may result in fines ranging from $500 to $2,500.

The bill has not yet been delivered to the Governor for signature, but if enacted, it will take effect 60 days later. NFIB will continue to monitor the progress of this legislation.