NY Mandates Personnel File Access, Adds Construction Pay Rules

New York has enacted two laws creating new compliance duties for employers. The first, effective Nov. 8, 2026, grants current and former employees broad rights to access and obtain copies of their personnel records within five business days of a written request. Employers must also notify employees within 10 days of placing any "negative information" in their file—a vaguely defined term that creates significant compliance risk. A second law, the Construction Reporting Pay Act, takes effect Dec. 8, 2026, and mandates show-up and scheduling pay for construction workers who report for shifts that are cancelled on short notice.

Sophisticated counsel should note the immediate operational challenges. The personnel file law's expansive scope requires auditing record-keeping systems and training managers on the notification requirement. For construction clients, scheduling and payroll systems need updating. Several other consequential bills await the governor's signature, potentially restricting severance agreements, expanding the definition of wages, and imposing new "ghost job" posting disclosures, many of which would take effect immediately upon signing. Employers should prepare for compliance with the signed laws and closely monitor the pending legislation.