New York Bill Drastically Impacts Personnel Files

The New York Legislature passed legislation (Senate Bill S3460) this past May significantly broadening employee rights regarding personnel files (click to read bill) that the governor is expected to sign into law.  The bill contains three important requirements:

1. Employers must provide current and former employees with a copy of their personnel records at no cost within a short timeframe of 5 business days of a written request (up to twice per calendar year).
2. Employers must also notify employees within 10 calendar days whenever negative information is added to their file and allow the employee to submit a written rebuttal that becomes a permanent part of the personnel file.  (A review caused by placing negative information in the personnel file is not deemed one of the two annually permitted reviews.)
3. The employee’s personnel file must be retained from date of hire until 3 years after the employee’s termination of employment.

Violations carry a civil fine of $500 to $2,500 per violation, enforced by the New York Attorney General.  The law also contains an anti-retaliation provision.  If signed, the law takes effect 60 calendar days after becoming law.