NY Enacts Employee Personnel File Access Law
A new New York law taking effect November 8, 2026, requires employers to provide employees with copies of their personnel records within five business days of a request and to notify them of any new negative information.
New York has enacted a law requiring all public and private employers in the state to provide current and former employees with access to their personnel records. Signed by Governor Hochul, the legislation takes effect on November 8, 2026, and introduces several new compliance obligations that require immediate attention.
The law mandates that employers provide a copy of an employee's personnel record, at no cost, within five business days of a written request. It also requires employers to notify an employee within ten days of placing any information in their file that could negatively affect their employment status, compensation, or disciplinary standing. The definition of "personnel record" is broad, extending to certain records maintained by third-party HR and payroll vendors. The statute also establishes a process for employees to dispute information, sets record-retention requirements, and includes robust anti-retaliation protections.
With enforcement by the state Attorney General and fines of up to $2,500 per violation, New York employers should act before the November deadline to review and update their protocols for managing personnel files, responding to access requests, and training HR staff on the new rules.