Employers Take Note: NYS Prohibits Retaining Employee Health Data Collected During COVID-19 Screening Assessments

June 9, 2020 - New York State has recently issued guidance prohibiting employers or third parties contracted by them from “keeping records of employee health data (e.g., temperature data)” in connection with screening assessments of employees.  Such a prohibition starkly contrasts with federal guidelines, which allow such medical information to be kept by employers confidentially and separately from employee's personnel files.  It also raises a pivotal question – since New York State's interim detailed guidelines require employers to review all employee responses collected by the screening process on a daily basis and maintain a record of such review, how does an employer adequately prove compliance and mitigate the risks associated with potential lawsuits or audits conducted by New York State?  This client alert explores potential answers to this important question.  

PDF of the Client Alert:  Employers Take Note: NYS Prohibits Retaining Employee Health Data Collected During COVID-19 Screening Assessments.