Starting November 8, 2026, New York employees will have new rights to access their personnel files, and employers will have new responsibilities to comply with those requests.
Have you ever wondered what information your employer keeps in your personnel file? Maybe you’ve received a negative performance review, been passed over for a promotion, or simply wanted to know what’s documented about your employment.
Until now, most New York employees have not had a general legal right to review their personnel records.
That’s about to change.
On September 9, 2026, Governor Kathy Hochul signed legislation establishing new requirements for employee access to personnel records. The law, which adds Section 210-b to the New York Labor Law, takes effect on November 8, 2026.
Whether you’re an employee who wants to understand your rights or a business owner responsible for maintaining personnel records, here’s what you need to know.
1. Employees Can Request Copies of Their Personnel Files
Under the new law, current and former employees have the right to request copies of their personnel records.
Once an employer receives a written request, it must provide a copy of the employee’s personnel record within five business days, free of charge.
Employers are generally not required to provide access more than twice per calendar year.
Importantly, this law applies to both current and former employees. That means an employee who has resigned or been terminated may still request access to their personnel records.
For employers, this creates a new administrative responsibility. Businesses should have a clear process for receiving, tracking, and responding to these requests within the required timeframe.
2. What Information Is Included in a Personnel File?
You might be surprised by how much information can fall within the definition of a personnel record.
Under the new law, personnel records may include:
- Job applications and resumes
- Job titles, descriptions, and employment start dates
- Pay rates and other compensation information
- Performance evaluations
- Written warnings and disciplinary notices
- Documents relating to probationary periods
- Waivers signed by employees
- Termination notices and related disciplinary documentation
The law defines personnel records broadly. It can also cover information maintained by third-party companies that provide HR, payroll, or other personnel recordkeeping services.
In other words, employers cannot necessarily avoid their obligations simply because employment records are maintained through an outside provider.
Not every document mentioning an employee is automatically subject to disclosure. The law includes protections for certain personal information about other individuals, and other legal confidentiality requirements may apply.
3. Employers Must Notify Employees About Negative Information
One of the most significant changes involves negative information placed in an employee’s personnel file.
Under the new law, employers must notify employees within 10 days after placing information in their personnel records that has been, is being, or may be used to negatively affect their employment.
This could include information affecting an employee’s eligibility for a promotion, transfer, additional compensation, or potential disciplinary action.
For example, imagine an employer places a written warning in an employee’s personnel file but never tells the employee about it.
Under the new law, the employer may be required to notify the employee within 10 days of adding that information.
For business owners, this is an important reason to review how performance evaluations, disciplinary notices, and other employment-related documents are created and maintained.
4. Employees Can Dispute Information in Their Personnel Files
What happens if an employee reviews their personnel file and discovers information they believe is inaccurate?
The new law provides employees with an opportunity to respond.
An employer and employee may agree to correct or remove disputed information. If they cannot reach an agreement, the employee may submit a written statement explaining their position.
That statement must become part of the employee’s personnel record.
Additionally, if the employer shares the disputed information with a third party, the employee’s written response must accompany it as long as the original information remains in the file.
Employees may also have remedies to seek removal of information that an employer knew or should have known was false.
This does not mean employees can automatically demand that every unfavorable performance review or disciplinary notice be removed. However, it does provide an important opportunity to document their disagreement.
5. Employers Must Maintain Personnel Records for Three Years After Employment Ends
The new law also establishes record retention requirements.
Employers must retain complete personnel records throughout an employee’s employment and for three years following termination.
Generally, records must be preserved without deletions or expungement during that period, subject to the law’s provisions permitting correction or removal of certain information.
For businesses, this is a good opportunity to review existing document retention policies.
Employers should also consider whether their electronic recordkeeping systems allow them to locate and produce complete personnel files quickly.
6. Employers Cannot Retaliate Against Employees for Exercising Their Rights
Employees should not have to worry about losing their jobs simply because they requested access to their personnel records.
The new law prohibits employers from retaliating against employees who exercise their rights under the statute.
This includes terminating, threatening, penalizing, or otherwise discriminating against an employee for exercising those rights.
Employers who violate the law may face fines ranging from $500 to $2,500, with enforcement by the New York Attorney General.
What Should New York Employers Do Before November 8, 2026?
If you own or operate a business in New York, now is the time to review your personnel file policies and procedures.
Even businesses with relatively small teams should take these new requirements seriously. There is no employee minimum threshold for this law to apply to your business! It covers all private and public employers in New York.
Here are several steps employers should consider taking before the law becomes effective:
- Review your employee handbook. Make sure your policies explain how employees can request copies of their personnel records and identify the appropriate person or department to contact.
- Establish a process for responding to requests. Designate someone responsible for handling personnel file requests and ensuring records are provided within five business days.
- Review disciplinary documentation procedures. Train managers and supervisors on the requirement to notify employees when negative information is added to their personnel records.
- Evaluate your record retention practices. Confirm that personnel records are maintained throughout employment and for the required period after separation.
- Coordinate with outside HR and payroll providers. If your business relies on third-party platforms to maintain employment records, make sure those records can be retrieved promptly.
- Train managers on employee rights. Employees should be able to request their personnel files or dispute information without fear of retaliation.
Taking these steps now can help businesses avoid unnecessary compliance problems once the law takes effect.
What Should New York Employees Know?
For employees, this new law provides an additional opportunity to understand what information employers are maintaining about their employment.
Starting November 8, 2026, you can submit a written request for your personnel records, even if you no longer work for the company.
If you discover information that you believe is inaccurate, you may have the right to submit a written response that becomes part of your personnel file.
And if your employer retaliates against you for exercising these rights, you may have additional legal protections.
Understanding what’s in your personnel file can be particularly important if you’re dealing with disciplinary action, concerns about your performance evaluations, or a dispute involving your employment.
Need Help Updating Your Employment Policies or Understanding Your Rights?
With New York’s new personnel file access law taking effect on November 8, 2026, employers should take steps now to ensure their policies and procedures comply with the new requirements.
At D’Andrea Law PLLC, I work with businesses to develop and update employment policies, employee handbooks, and workplace practices. I also represent employees who have questions or concerns about their workplace rights.
Whether you’re a business owner preparing for these new requirements or an employee seeking guidance about your personnel records, D’Andrea Law PLLC can help you understand your rights and obligations.
Contact D’Andrea Law PLLC to schedule a consultation.
This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Attorney Advertising.
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