§ 7-212 Employer Records.
RCNY § 7-212
(a)Employers must create and retain records demonstrating compliance with the requirements of the Earned Safe and Sick Time Act, including records of any policies required, pursuant to this subchapter, for a period of three years unless otherwise required by any other law, rule or regulation.
(b)An employer must maintain, in an accessible format, contemporaneous, true, and accurate records that show, for each employee: (1) The employee's name, address, phone number, date(s) of start of employment, date(s) of end of employment (if any), rate of pay, and whether the employee is exempt from the overtime requirements of New York State labor laws and regulations; (2) The hours worked each week by the employee, unless the employee is exempt from the overtime requirements of New York State labor laws and regulations and has a regular work week of 40 hours or more; (3) The date and time of each instance of safe/sick time or paid prenatal leave used by the employee and the amount paid for each instance; (4) For each pay period, the amount of safe/sick time accrued and used during the pay period, the employee’s total balance of accrued safe/sick time, the amount of accrued safe/sick time available for use by the employee, the amount of paid prenatal leave used during the pay period, and the employee’s total balance of paid prenatal leave; (5) Any change in the material terms of employment specific to the employee; and (6) The date that the Notice of Rights as set forth in § 20-919 of the Administrative Code was provided to the employee and proof that the Notice of Rights was received by the employee.
(c)If the department issues a written request for information or records, an employer shall provide the department with such information or records, upon appropriate notice, at the department's office. Alternately, an employer shall provide the department with access to such information or records upon appropriate notice and at a mutually agreeable time of day at the employer's place of business.
(d)"Appropriate notice" shall mean 14 days' written notice, unless the employer agrees to a lesser amount of time, the department's request for the information or records is a second or subsequent request made to the same employer during the same investigation or case as the first request, or the department has reason to believe that: (1) the employer will destroy or falsify records; (2) the employer is closing, selling or transferring its business, disposing of assets or is about to declare bankruptcy; (3) the employer is the subject of a government investigation or enforcement action or proceeding related to wages and hours, unemployment insurance, workers' compensation, discrimination, or any matter under the jurisdiction of the department; or (4) more immediate access to records is necessary to prevent retaliation against employees.
(e)The department will make two attempts by letter, email or telephone to arrange a mutually agreeable time of day for the employer to provide access to its records in accordance with subdivision(c) of this section. If these attempts are not successful, the department may set a time to access records at the employer's place of business during regular business hours, upon two days' notice. (Amended City Record 2/3/2016, eff. 3/4/2016; amended City Record 11/28/2017, eff. 11/28/2017; amended City Record 8/21/2018, eff. 9/20/2018; amended City Record 9/15/2023, eff. 10/15/2023; amended City Record 6/2/2025, eff. 7/2/2025)
