Two Pending Bills Would Afford New York Employees the Right to Review Their Personnel Files

After failing to advance in last year’s legislative session, two bills were reintroduced by the New York State Assembly and Senate (A2314 and S3730) that would require employers, upon written request, to make personnel files available to current and former employees (separated within the previous three years), or to their representatives, certified employee organizations or attorneys. Employers also would be required to annually provide a copy of the personnel files to current or former employees, upon request. Under both bills, employers would have 10 days to comply with personnel file requests, and a failure to comply without good cause would subject the employer to a civil fine of $25 for each day the failure continues (up to a maximum fine of $500).