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
  • 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.

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    The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice. The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis. Please consult an attorney to obtain advice with respect to any particular question or issue.

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