NYS File Access, Records and Retention

New York requires that employers keep records as outlined below.

Wage and Hour

The following records must be kept for six years for each employee:

• Name
• Address
• Hours worked
• Gross wages earned each pay period
• Net wages paid each pay period
• Itemized deductions

An employee’s authorization for deductions must be kept for six years after their employment ends.

A commission salesperson’s employment agreement must be kept for three years after their employment ends.

Unemployment Insurance 

In addition to the wage-and-hour records, the following records for unemployment must be kept for three years:

• For each payroll period:
• Dates of pay periods
• Total remuneration
• For each employee:
• Name
• Social Security Number
• The calendar days worked
• Daily wages earned
• All payments made, specifying:
• Cash
• Value of non-cash payments
• Tips

Health and Safety

Employers must keep information for 18 years regarding all workplace injuries that require more than first aid.

Employers must also keep the following records for 40 years for all employees who use or are exposed to hazardous substances:

• Name
• Address
• Social Security Number

Child Labor

Employers who hire minors must keep their employment certificates while they are employed.

Civil Rights

Employers in New York City must maintain records regarding sick time for at least three years.

Miscellaneous

Employers must keep the signed copy of each employee’s acknowledgment of the notice of the employer’s pay practices for six years. (See the pay practices page for additional information.)

Disposal

Employers must shred or otherwise ensure that no one else will be able to access employees’ personal information.

Note: These requirements are in addition to federal recordkeeping requirements. 

File access

Employers in New York are not required to allow their employees to access their personnel records.