NY Mandates Employee Access to Personnel Records
A new state law effective Nov. 8 requires New York employers to provide employees with copies of their personnel records upon request and to notify them before adding negative information.
New York Governor Kathy Hochul signed legislation creating new rights for employees to access and challenge their personnel records, effective November 8, 2026. The law, which adds Section 210-b to the New York Labor Law, marks a significant change in a state where employees previously had no such guaranteed access.
All public and private employers in New York must now prepare to handle written requests from current and former employees for copies of their personnel files, which must be provided free of charge within five business days. The law also imposes a novel affirmative duty on employers to notify an employee within 10 days of placing any information in their record that could be used negatively against them. Further, it establishes a process for employees to dispute information and requires record retention for three years post-employment.
While the law does not create a private right of action, the state Attorney General can enforce it with fines from $500 to $2,500. Employers should immediately develop and implement compliance procedures, although they should also monitor for legislative amendments expected in 2027 to clarify certain ambiguities in the current text.