New York law lets workers access and challenge personnel records

Employers must notify employees when they add information that could affect the employee negatively at work, and provide a free record copy after a written request. These rules cover current and former employees and employers, including public employers and businesses. An employer may limit employees to two separate reviews per calendar year. A review prompted by notice of negative information does not count toward that limit. Notice is due within ten days after the information is added. A requested copy is due within five business days after the written request.

Employers must keep complete personnel records without deleting or expunging information during the required retention period. This applies to each employee's complete personnel record kept under this section. The text also allows employees to seek removal of information the employer knew or should have known was false, through a collective bargaining agreement, other personnel procedures, or court process. The retention period runs from the start of employment until three years after employment ends.

When an employee disputes information in a personnel record, the employer and employee may agree to remove or correct it; otherwise, the employee may add a written statement. This applies when an employee disagrees with information in their personnel record. The employee's statement must be included when the disputed information is sent to someone else, for as long as the original information remains in the record. The explanation must accompany the disputed information whenever it is sent to someone else, while the original information remains in the record.

Employers and others may not retaliate against employees for using these rights. The attorney general enforces the rule, and violations carry fines. The protection covers any employee who exercises rights under this section. Retaliation includes threatening to contact or contacting a government agency about an employee's or their family or household member's suspected citizenship or immigration status.