NY Mandates Employee Access to Personnel Records

New York has enacted legislation granting employees significant new rights concerning their personnel records, with an effective date of November 8, 2026. The law requires employers to provide a copy of an employee's or former employee's personnel file at no cost within five business days of a written request, up to twice per year. It also mandates that employers notify an employee within 10 days of placing any information in their record that could negatively affect their employment status, such as for promotion, compensation, or disciplinary action.

For major employers, this creates immediate operational and compliance burdens. The law also establishes a process for employees to dispute information and add a written response to their file. Further, it imposes a retention requirement, obligating employers to keep complete personnel records for the duration of employment plus three years. Although clarifying amendments are anticipated in the 2027 legislative session, companies with New York employees must adapt their HR policies and train relevant staff now to comply with the law as written to avoid statutory penalties.