In New York State, employees’ personnel files have historically been considered employer records, and employees generally have not had a statutory right to access them. That will change on November 8, 2026, when New York Labor Law Section 210-b takes effect and provides current and former employees with broad rights to access their personnel records.

Compliance with this new law will require employers to properly maintain and handle personnel records, review and update written policies addressing personnel files, revise related practices, and train managers and HR personnel on the new compliance requirements.

Personnel Records

The law broadly defines a “personnel record” as a record kept by an employer that identifies an employee and that is, has been, or may be used in connection with the employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. The definition also reaches personnel records maintained or supplied by a third party under contract with the employer. It excludes personal information about another person if disclosure would constitute a clearly unwarranted invasion of that person’s privacy. To the extent prepared by an employer regarding an employee, the following records must be included, although the list is not exhaustive:

• Employee name, address, date of birth, job title, and job description
• Rate of pay and other compensation
• Start date
• Job application
• Resumes or other forms of employment inquiry submitted by the employee
• Performance evaluations
• Written warnings
• Lists of probationary periods
• Waivers signed by the employee
• Dated termination notices
• Any other documents relating to disciplinary action

Notice Requirements

The law creates an affirmative obligation for employers to notify an employee within ten days after placing information in the employee’s personnel record if the information is, has been, or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action. In practice, this could include an email addressing an employee’s poor performance or a note to file memorializing a performance conversation. The full scope of this requirement is not yet clear and may be clarified through future litigation or guidance from the Attorney General’s office.

Employee Access to Records

Current and former employees may submit written requests to access their personnel records. Upon receipt of a written request, the employer must provide the employee with a copy of the personnel record, at no cost, within five business days. An employer is not required to allow an employee to review the personnel record on more than two separate occasions in a calendar year. However, a notification and review triggered by the placement of negative information in the employee’s personnel record does not count toward that two-review limit.

Disputes About Personnel Records

If an employee disputes information in their personnel record, the employer and employee may mutually agree to remove or correct it. Alternatively, an employee may submit a written statement explaining their position, which must be included in and become part of the personnel record. If the disputed information is later transmitted to a third party, the employee’s statement must accompany it for as long as the original information remains in the file. An employee may also seek expungement, through a collective bargaining agreement, other personnel procedures, or judicial process, of information that the employer knew or should have known was false.

File Maintenance

The law requires an employer to retain an employee’s complete personnel record for three years after the employee’s termination of employment. Employers should keep in mind that separate New York wage-and-hour recordkeeping requirements generally require time and payroll records to be retained for six years.

Policy Maintenance

Employers are not required by the new law to create written personnel policies.  However, the law does provide that if an employer maintains written policies concerning the terms and conditions of employment, such as an employee handbook, the policies, as amended from time to time, must be continuously maintained at the office where personnel matters are administered.

Penalties

The law will be enforced by the New York Attorney General.  A violation may result in a fine between $500 and $2,500.

No Retaliation

The law expressly prohibits an employer from retaliating against an employee for exercising their rights under the law.

Next Steps

Before the law takes effect on November 8, 2026, employers should review their current systems for handling personnel records and:

• establish a system for maintaining personnel records so they can be accessed, compiled, and provided to an employee within five business days;
• implement a clear process for receiving, reviewing, and responding to written personnel-record requests;
• train managers and HR personnel on what must be included in an employee’s personnel record, when notice of negative information is required, and how to respond to a request for access or review; and
• update applicable policies, including employee handbooks and other written personnel policies.

If you have questions about this new law or need assistance updating your policies, contact Sara Kula for guidance.