The New York State Legislature has passed Senate Bill S3460, legislation that would, for the first time, create a statewide right for current and former employees to access their personnel records. As of this writing, the bill is awaiting action by Governor Kathy Hochul. If signed into law, employers would face significant new obligations regarding employee personnel files and have just 60 days to comply with the new requirements.
What Would Change?
Currently, New York law generally does not require private employers to provide employees with access to their personnel files. S3460 would establish several new obligations, including:
- Providing current and former employees with a copy of their personnel records within five business days of receiving a written request, at no cost to the employee.
- Allowing employees to request their personnel records up to twice per calendar year (with certain exceptions).
- Notifying employees within 10 days whenever negative information is added to their personnel record if that information could affect employment, promotion, compensation, transfer, or discipline.
- Allowing employees to submit a written response or rebuttal that must be maintained as part of the personnel record.
- Retaining complete personnel records for at least three years following an employee’s separation from employment.
- Prohibiting retaliation against employees who exercise their rights under the law.
The legislation also broadly defines what constitutes a “personnel record,” meaning employers may need to review how employment documents are maintained across paper files, HR systems, and other electronic platforms.
What Employers Should Do Now
Although the bill has not yet become law, employers should begin evaluating whether their current practices are prepared for these new requirements. Consider:
- Reviewing what documents are maintained in personnel files and where they are stored.
- Developing a process for responding to employee requests within the required timeframe.
- Establishing procedures to notify employees when disciplinary or other negative information is added to their records.
- Reviewing record retention policies to ensure personnel files are preserved for the required period.
- Training HR personnel and supervisors on the new requirements if the legislation is enacted.
Looking Ahead
If signed, S3460 would represent one of the most significant changes to New York employment recordkeeping requirements in years. The relatively short 60-day implementation period means employers may have limited time to update policies, train staff, and ensure compliance.
Underberg & Kessler’s Labor & Employment attorneys are closely monitoring the legislation and will continue to provide updates as it moves through the legislative process. If you have any questions regarding this article or any Labor or Employment law issue, please contact Ryan T. Biesenbach at (585) 258-2865 or rbiesenbach@underbergkessler.com.
