New York’s personnel records law requires employers to provide current and former employees with a free copy of their personnel records within five business days of a written request. Under Labor Law Section 210-b, employers must also notify employees within ten days after adding certain negative information to their records.
What records must be provided?
The law covers records used, or that may be used, to determine an employee’s qualifications for employment, promotion, transfer, additional compensation or disciplinary action. These include applications, resumes, job and compensation information, performance evaluations, written warnings, signed waivers and termination notices.
Records maintained by an outside human resources provider are also covered. Employers cannot avoid the disclosure requirement by storing records with a third party. Personal information about another person is excluded where disclosure would constitute a clearly unwarranted invasion of that person’s privacy.
Employers generally need not permit more than two reviews per calendar year. However, a review prompted by the addition of negative information does not count toward that limit.
Notice of negative information
mployers must notify employees within ten days after adding information that is used, or may be used, to negatively affect employment qualifications, promotion, transfer, compensation or the possibility of disciplinary action. Placing a written warning or negative evaluation in an employee’s record will therefore require notice. Advance notice is not required.
If an employee disputes information, the parties may agree to correct or remove it. Otherwise, the employee may submit a written response, which must be retained in the record and included when the disputed information is sent to a third party.
Employees may also seek removal through the judicial process or applicable personnel procedures of information the employer knew or should have known was false.
Retention and enforcement
The law generally requires employers to retain the complete personnel record throughout employment and for three years after separation. Employers should also consider other applicable retention requirements.
Violations carry fines of $500 to $2,500, enforced by the Attorney General. Retaliation against employees who exercise their rights under the law is prohibited.
Preparing for New York’s personnel records law
Employers should designate an HR contact to handle requests and confirm that records, including those held by outside providers, can be collected within five business days.
Warning and evaluation forms should include notice that the document is being added to the personnel record. Managers should also be instructed to provide that notice within the ten-day deadline.
Although legislative clarifications are anticipated in 2027, employers should prepare to comply with the law as written by November 8.
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