BUFFALO, N.Y. (Buffalo Business First) — Employers have less than two months to prepare for the implementation of a new state law that gives employees the right to access their personnel files and respond to negative entries.
The new law, signed by Gov. Hochul on Sept. 9, goes into effect Nov. 8. It could have a significant impact on larger employers, according to attorney Anthony Kuhn, managing partner of Tully Rinckey PLLC.
“There were best practices out there, but there wasn’t a clear rule as strict or codified in the way this one is,” he said.
Under the new rule employers have 10 days to notify employees if a negative report is added to their personnel files. The employees then have the right to respond. That response, Kuhn said, must be filed with the initial report, and if any investigation is competed regarding the report, the response must be included as well.
“This law is really about making those records more accessible for employees, making the process more transparent, help bring to light any discrimination that might be taking place,” Kuhn said. “For larger employers, there’s going to be some work involved.”
While the law applies to all employers, larger employers will need to update policies and employee handbooks and train managers, supervisors and human resources people on handling personnel files to ensure compliance.
“You’ll have to figure out how to track and monitor the deadlines for notifying employees about negative reports,” Kuhn said.
He said the new rule not only gives employees the right to access their personnel file, which they didn’t have before, but also allows former employees to access it up to three years after separating from the company.
“They’ll be able to request the records, and the employer has five business days to comply with no cost to the employee,” Kuhn said.
He said the attorney general’s office will handle complaints of noncompliance, which could result in fines between $500 and $2,500 per violation.
