New York Enacts Broad Employee Access to Personnel Records
A new state law requires New York employers to provide current and former employees with copies of their personnel records upon request, notify them of negative additions, and allow them to challenge the contents.
New York has enacted a law creating a statewide right for current and former employees to access, review, and challenge their personnel records. The law, effective November 8, 2026, imposes significant new compliance burdens on public and private employers. Key requirements include providing copies of personnel files within five business days of a written request, notifying employees within 10 days whenever negative information that could affect their employment status is added to their file, and allowing employees to submit a written statement disputing information if an agreement to amend it is not reached. The law also includes a three-year post-termination retention requirement and anti-retaliation provisions. While Governor Kathy Hochul signed the bill, she also secured an agreement for a legislative amendment to clarify ambiguities in the next session, including the precise scope of a 'personnel record'. Despite the planned revisions, employers must prepare to comply with the current version of the law's fast-approaching effective date while monitoring for further legislative developments in early 2027.