Federal & State Regulations | Recordkeeping - New York

State Info

Summary of differences between federal and state regulations

Federal

The Fair Labor Standards Act does not require employers to allow employees access to their personnel files. This access is generally a matter of agreement between an employer and an employee (or the employee’s representative). However, while federal law does not, some state laws require employers to allow employees access to their files. Employers need to comply with the state laws.

Federal OSHA requires that employers must allow employees and their designated representatives to inspect and/or copy records pertaining to exposure to hazardous substances. Access must be provided in a reasonable time, place, and manner. Access must be provided within 15 days working days. No costs may be incurred for the first provision, but subsequent provisions may be charged reasonable, nondiscriminatory administrative costs.

Employees and former employees must be guaranteed access to their individual OSHA 301 forms. Employee representatives will be provided access to the “information about the case” section of the OSHA 301 form in establishments where they represent employees.

The federal Health Insurance Portability and Accountability Act (HIPAA) requires employers to allow employees to inspect and/or obtain a copy of any of their own protected health information that is used to make decisions about them. Employers must provide access within 30 days of receiving a request if the information is maintained or accessible onsite. If not, employers have 60 days to act. Employers must arrange for a mutually convenient time and place for employee access. Employers may charge reasonable, cost-based fees for copying information, but not for retrieving or handling the information or processing a request.

State

Records to be kept on file
Wage and Hour/Payroll	Wage/hour Every non-governmental employer must provide employees, in writing in English and in the language identified by each employee as his/her primary language, at the time of hiring, and on or before February 1 of each subsequent year of the employee's employment, a notice containing the following information: Rate(s) of pay and basis thereof; Whether paid by the hour, shift, day, week, salary, piece, commission, or other; Allowances, if any, claimed as part of the minimum wage, including tip, meal, or lodging allowances; Regular payday designated by the employer; Name of the employer; Any "doing business as" names used by the employer; Physical address of the employer's main office or principal place of business, and a mailing address if different; and Telephone number of the employer. For all employees not exempt from overtime compensation as established by New York state law or regulation, this notice must state the regular hourly rate and overtime rate of pay. Each time the employer provides such notice to an employee, the employer shall obtain from the employee a signed and dated written acknowledgment, in English and in the primary language of the employee, of receipt of this notice. The acknowledgment should include affirmation by the employee that the employee accurately identified his/her primary language to the employer and that the notice was in the language so identified. The employer shall preserve the acknowledgment for six years. Additionally, employers must preserve for at least six years payroll records showing for each employee the following information for each week worked: Hours worked; Rate(s) of pay and basis thereof; Whether paid by the hour, shift, day, week, salary, piece, commission, or other; Gross wages; Deductions; Allowances, if any, claimed as part of the minimum wage; and Net wages. For all employees who are not exempt from overtime compensation, the payroll records shall include the regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked, and the number of overtime hours worked. For all employees paid a piece rate, the payroll records shall include the applicable piece rate or rates of pay and number of pieces completed at each piece rate. NY Labor Law §195
	To comply with New York's one day rest in seven law, employers must keep a time book showing, for each employee: Name, Address, Hours worked each day. NY Labor Law §161
	Payroll Every employer must keep, for at least six years, payroll records for certain employees. The payroll records must show the following information for each such employee and each week worked by them: Hours worked; Rate(s) of pay and basis thereof; Whether paid by the hour, shift, day, week, salary, piece, commission, or other; Gross wages; Deductions; Allowances, if any, claimed as part of the minimum wage; and Net wages. For all employees who are not exempt from overtime compensation, the payroll records must include: The regular hourly rate or rates of pay, The overtime rate or rates of pay, The number of regular hours worked, and The number of overtime hours worked. For all employees paid a piece rate, the payroll records shall include the applicable piece rate or rates of pay and number of pieces completed at each piece rate. The employees for which these records must be kept do not include employees permitted to work: In a bona fide executive, administrative, or professional capacity; As an outside salesman; By a federal, state, or municipal government or political subdivision thereof; As a driver engaged in operating a taxicab; In labor on a farm; As a volunteer, learner, or apprentice by a corporation, unincorporated association, community chest, or fund or foundation operated exclusively for religious, charitable or educational purposes; As a member or leader of a religious order; In a religious or charitable institution if work is incidental to or in return for charitable aid and not under any express contract of hire; In a religious, educational, or charitable institution if the individual is a student; In a religious, educational, or charitable institution if the earning capacity of the individual is impaired by age or by physical or mental deficiency or injury; As a staff counselor in a children's camp; As a volunteer (at least 18 years of age) at a recreational or amusement event run by a business that operates such events, provided that no single such event lasts longer than eight consecutive days and no more than one such event concerning substantially the same subject matter occurs in any calendar year; In a summer camp or conference for a religious, educational, or charitable institution for not more than three months annually; In or for a college or university fraternity, sorority, student association, or faculty association, which is recognized by the college or university, if the individual is a student; or On a casual basis in service as a part-time babysitter in the home of the employer. NY Labor Law §§ 651, 661
	Public contractors' records Contractors and subcontractors awarded public works contracts must keep original payrolls or transcripts thereof. These records must contain for each worker, laborer, or mechanic: Name, Address, Hours and days worked, Occupations worked, Hourly wage rates paid, and Supplements paid or provided. Where the contractor or sub-contractor maintains no regular place of business in New York state and where the amount of the contract is in excess of $25,000, such payrolls shall be kept on the site of the work. All other contractors or subcontractors shall produce within five days on the site of the work and upon formal order such original payrolls or transcripts thereof. Every contractor, and subcontractor shall submit to the department of jurisdiction within 30 days after issuing its first payroll, and every 30 days thereafter, a transcript of the original payroll record. NY Labor Law §220
	Building service contract records In all cases where service work is being performed pursuant to a public building service contract, the contractor shall keep original payrolls or transcripts thereof. These records must show: The hours and days worked by each employee; The craft, trade, or occupation at which he/she was employed; and The wages paid. Where the wages paid include sums which are not paid directly to the workmen weekly and which are expended for supplements, the records required to be maintained shall include a record of such hourly payment on behalf of such employees, the supplement for which such payment has been made, and the name and address of the person to whom such payment has been made. In all such cases, the contractor shall keep a true and inscribed copy of the agreement under which such payments are made, a record of all net payments made thereunder, and a list of all persons for whom such payments are made. These records must be preserved for a period of three years after the completion of work. NY Labor Law §233
	Farm laborers Every employer of farm laborers must keep records of the hours worked by each employee and the wages paid. These records needn't be kept for: Individuals employed in domestic service in the home of the employer; The parent, spouse, child, or other member of the employer's immediate family; A minor younger than 17 employed as a hand harvest worker on the same farm as his/her parent or guardian and who is paid on a pice-rate basis at the same piece rate as employees 17 and older; nor An individual employed or permitted to work for a federal, state, or municipal government or political subdivision thereof. NY Labor Law §§ 671, 679
	Unemployment For unemployment, employers must keep records for each person employed. These records must contain the following information: Name; Social Security number; Amount of remuneration paid, showing separately: Remuneration paid in cash; Money equivalent of remuneration, other than in the form of money, paid by the employer, including reasonable money value of board, rent, housing, lodging or similar advantage received; and The value of gratuities (tips) received by the employer in the course of his employment from a person other than his employer; and Compensation on which contributions are due under the New York Unemployment Insurance Law, solely because the employer is liable for a tax on such compensation under the Federal Unemployment Tax Act. Additionally, employers must keep a record of the calendar days on which each employee was employed reflecting the remuneration applicable to each such day and the following records for each payroll period: The beginning and ending date of such period; The total amount of remuneration paid by the employer for such period as set forth in Title 12, Chapter VII, Subchapter B, Article 1, Part 470, Section 470.2(b)(1) of the NYCRR; The total amount of remuneration paid during such period as set forth in Title 12, Chapter VII, Subchapter B, Article 1, Part 470, Section 470.2(b)(2) of the NYCRR; and The total amount of compensation on which contributions are due under the New York Unemployment Insurance Law solely because the employer is liable for a tax on such compensation under the Federal Unemployment Tax Act. These records must be kept for three years after the last day of the calendar year in which the wages on which such liability is based were paid. Employers who maintain their records at a place outside of New York shall make such records or sworn certified copies thereof available at a place within New York upon demand by the commissioner of labor. NY Labor Law §§ 575, 576; NYCRR Title 12, Chapter VII, Subchapter B, Article 1, §472.2
Accessible Records	Toxic substance exposure Employees or their representatives may request in writing from employers and shall receive all information relating to toxic substances. If an employee has requested information about a substance and has not received information within 72 hours (excluding weekends and public holidays), the employee may not be required to work with such substance. NY Labor Law §§ 876(7), 880
	Access to personnel records Effective November 8, 2026, all employees are entitled to access to their personnel records. Employers must notify employees within 10 days of placing negative information in the record. Employees may request access to the file twice per year, and employers must give a copy of the file within 5 business days at no cost to employees. Employees may include certain information in their personnel records. The personnel file must contain the following: Employee name, address, DOB, job title, and description; Rate of pay and any other compensation paid to the employee; Starting date and job application or resume, etc; Employee performance evaluations; Written warnings of substandard performance; Lists of probationary periods; Waivers signed by the employee; Copies of dated termination notices; and Documents related to disciplinary action regarding the employee; NY Labor Law §210-b
	Public officers For public officers and applicants for employment as a public officer, the following information is open to the individuals to whom the records pertain: Employment, medical, or credit histories, and personal references of applicants for employment; and Information of a personal nature contained in a workers' compensation record. The employee or applicant must present reasonable proof of his or her identity. NY Public Officers Law §89(2)

State

Contact

New York State Department of Labor

Regulations

New York State Regulation §89

Federal

Contacts Occupational Safety and Health Administration

U.S. Health and Human Services Department

Regulations29 CFR 1910.1020(e) (OSHA)

45 CFR 164.524 (HIPAA)

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