New York 2025-2026 Regular Session

New York Assembly Bill A02107

Introduced
1/15/25  
Refer
1/15/25  
Refer
1/7/26  
Report Pass
3/31/26  
Refer
3/31/26  

Caption

Grants employees access to personnel records; requires notice of negative information in such records and an opportunity for a review; permits employee to include certain information in personnel records.

Summary

Bill A02107 amends the New York labor law to grant employees the right to access their personnel records. It requires employers to notify employees within ten days of placing any negative information in their records and mandates that employees be provided with a copy of their personnel records at no cost within five business days of a written request. The bill also stipulates that employees can review their records up to two times a year, with certain exceptions for negative information. Furthermore, it allows employees to submit a written statement if they disagree with any information in their records, which must be included in the personnel file.

Impact

The bill significantly impacts labor law in New York by enhancing employee rights regarding transparency and access to personnel records. It establishes clear guidelines for how employers must manage and disclose information in personnel records, thereby promoting accountability and fairness in employment practices. The bill also introduces penalties for employers who violate these provisions, which may lead to increased compliance and changes in how personnel records are maintained across various sectors.

Sentiment

The general sentiment surrounding Bill A02107 appears to be favorable among supporters who advocate for employee rights and transparency in the workplace. The bill has received positive votes in committee discussions, indicating a level of bipartisan support, although there are concerns raised by some members regarding the potential administrative burden on employers and the implications for small businesses.

Contention

Notable points of contention include concerns from some employers about the administrative implications of the bill, particularly regarding the requirement to notify employees of negative information and the potential for increased litigation if disputes arise over personnel records. Some committee members expressed worries that the bill could lead to unintended consequences for small businesses that may struggle to comply with the new requirements.

Companion Bills

NY S03460

Same As Grants employees access to personnel records; requires notice of negative information in such records and an opportunity for a review; permits employee to include certain information in personnel records.

Previously Filed As

NY S00099

Grants employees access to personnel records; requires notice of negative information in such records and an opportunity for a review; permits employee to include certain information in personnel records.

NY A01959

Grants employees access to personnel records; requires notice of negative information in such records and an opportunity for a review; permits employee to include certain information in personnel records.

NY S03460

Grants employees access to personnel records; requires notice of negative information in such records and an opportunity for a review; permits employee to include certain information in personnel records.

NY HB1185

An exemption for information contained in personnel records of public employees and records related to internal investigations by the department of corrections and rehabilitation.

NY SB2350

An exemption from open records for employee performance and discipline records contained in personnel records.

NY H7442

Expands the obligations of employers to create, maintain and retain their employees' personnel records, it requires that records be retained for at least 3 years after employee's termination. It also increases the financial penalties for each violation.

NY S2498

Expands the obligations of employers to create, maintain and retain their employees' personnel records, it requires that records be retained for at least 3 years after employee's termination. It also increases the financial penalties for each violation.

NY SB406

To Require A County Recorder To Verify Certain Information Before Recording A Deed To Real Estate.

NY SB145

Public Information Act - Personnel Records of Elected Officials and Joint Ethics Committee Records

NY SB144

Public Information Act - Personnel Records of Elected Officials and Joint Ethics Committee Records

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