Harris Beach Murtha attorney Daniel J. Palermo recently told the Long Island Business News businesses should establish a filing protocol and a designated person to handle personnel record requests under New York’s new personnel files law, while also educating managers and employees about the process.

“You don’t want HR departments to receive a request for personnel files and then realize that the relevant documents are scattered around a bunch of different places and you can’t collect them,” he told the publication.

Dan was one of three attorneys LIBN interviewed for a story on the new law that takes effect November 8. The personnel records law imposes new retention, disclosure and notice obligations related to an employee’s personnel record. Harris Beach Murtha’s Labor and Employment Practice Group provided great detail on the new law in a recent legal alert and webinar.

In the interview with LIBN, Dan said businesses should be careful about what they release, especially with investigations that pertain to multiple employees. The statute excludes others’ personal information when disclosure would constitute a clearly unwarranted invasion of privacy.

“They shouldn’t receive sensitive information about other employees,” he said.

He added that the documents in personnel records may ultimately end up in employee discrimination lawsuits for comparisons between employees’ treatment.

“It’s going to be really important for employers to have an accurate account of an employee’s performance, whether good or bad,” he said.

Read more about what Dan and others said about the new law.