The state has amended its law related to third-party requests for an employee’s disciplinary records under the Freedom of Information Law (FOIL). This update was signed into law on September 4, 2024, amending Section 87 of the Public Officers Law, and requiring covered employers to have a policy to notify employees if their disciplinary records are being requested under FOIL. Before this, employers previously had no obligation to notify a public employee that their disciplinary records were the subject of a FOIL request.
Next Steps
Covered employers should ensure that they have implemented a process to comply with the new notification obligations under the law. Employers may also wish to consider including a statement in their Personnel File policy that advises employees of their notification process.
HR Works Can Help
Current HR Works clients may contact their designated HR Consultant and Virtual Helpline subscribers can contact the helpline at hrhelp@hrwork-inc.com or 1-888-668-1271 for additional compliance assistance including sample policy language and a notice template.
