New York State Department of Labor Legal

Freedom of Information Law (FOIL)

FOIL gives the public the right to view and/or obtain certain government records. Instructions for requesting records from the Department of Labor are outlined below. Please consult the website of the Committee on Open Government for general information regarding the Freedom of Information Law (Public Officers Law Article 6) and the Personal Privacy Protection Law (Public Officers Law Article 6-A).

You may obtain general information about the Department of Labor and its programs by contacting it at the addresses and phone numbers listed on this website or by contacting the Department’s Communications Office. For a listing of records maintained by the Department, a Subject Matter List is available.

How to Request Records

Note: Prior to requesting records, review the information outlined below detailing what your request should include.

Records can be requested in the following ways:

Mail

Mail requests should be addressed to:

Fax

(518) 485-1819

Email

You may request Departmental records electronically by using this email form. Please note that electronic transmissions are not secure. This means that any information submitted with the request (including Social Security Number) is not protected and could be accessed by others. If you include confidential information with your request you do so at your own risk.

FOIL Request E-mail Form

In Person

You may submit a request for records in person at our main offices located in Building 12, State Office Campus, Albany, New York. Upon entering the main entrance of the building, advise Security Staff that you would like to request records. Security Staff will contact Counsel’s Office, and a staff member will provide you with a records request form.

Please be advised that Department records are located throughout the state in local offices as well as in the Department’s main offices, and require review prior to disclosure. As a result, documents and records will not be immediately available.

Personal Inspection

Once the Department has informed you that the records you requested can be disclosed to you, you can request they be made available for personal inspection. You must call Counsel’s office at (518) 457-4380 in advance to advise the Records Access Officer you would like to inspect the records and to set up a date for inspection. Appointments for inspection must be scheduled Monday through Friday, between the hours of 9:00 AM and 5:00 PM.

Non-Unemployment Insurance Records

Requests should include a general description of the subject matter of the request (e.g. wage underpayment, asbestos licensing, apprenticeship registration) along with as many specific details as possible to help identify and locate your requested records. For example, requests should include the following information, if it is available:

• Any file number assigned to the matter
• The name and address of the company or individual(s) involved
• The address of the site involved
• Time period covered by the request

If you are requesting your own records under this category, you must submit a copy of your driver’s license or equivalent form of proof of identity with your request.

If you are requesting records pertaining to another individual, you must submit a notarized authorization signed by that individual allowing the New York State Department of Labor to release unredacted copies of that information to you.

Requesting Unemployment Insurance Records

The Department is obligated to make certain that unemployment insurance records are being released only to people who have a right to receive them because such records are confidential under both federal and state law. Electronic requests should not include your full SSN; instead, if you send an electronic request for records you should immediately follow up your electronic request with a fax or mail request containing the SSN and the additional information identified below. (Make certain to include identifying information with your fax or mail request so we can make certain to connect your fax or mail information with the correct electronic request.)

Requesting Your Own Unemployment Records:

If you are requesting your own UI records, you must provide:

• Your name
• Your social security number (unless the request is submitted electronically)
• A request for records containing a description of the specific information you are requesting from the Department (e.g. the forms, documents, or information you are requesting and the time period covered by the request)
• Your request form must contain either your notarized signature, or
• In lieu of a notarized signature, you must provide a copy of your driver’s license or equivalent proof of identification containing your signature

Requesting Another Person’s UI Records:

If you are requesting the UI records of someone other than yourself, you must provide the following:

• The name and social security number of the individual whose records you are requesting
• A request for records containing a description of the specific information you are requesting from the Department (e.g. the forms, documents, or information you are requesting and the time period covered by the request)
• An authorization signed by that individual allowing you to obtain that individual’s records. The authorization must:
  • Contain a notarized signature of that individual
  • Specifically state that the Department of Labor is permitted to release his or her unemployment insurance records to you
  • State the purposes for which the records will be used, and
  • State that the records will be used solely for that purpose, and no other